Court No. - 59
Case :- MATTERS UNDER ARTICLE 227 No. - 1311 of 2019 Petitioner :- Raj Kumar And 4 Others Respondent :- The Incharge Civil Judge And Another Counsel for Petitioner :- Sandeep Kumar Hon'ble Surya Prakash Kesarwani,J. Heard learned counsel for the petitioners.
The petitioners has filed O.S. No.198 of 2018 for permanent injunction against the defendants with respect to Plot No.1743/2, Area 0.0125 Hectare of Village Paliya Bujurg, Pargana - Hathgaon, Tehsil Khaga, District Fatehpur.
The suit was filed on 17.07.2018 along with an application (7- C) for interim relief. Since, the said application of the petitioners was not being decided by the court below and as such the petitioners filed a petition being Matter Under Article 227 No.7256 of 2018, which was disposed of by order dated 25.09.2018 directing the court concerned to consider and decide the interim injunction application (7-C) of the petitioners in O.S. No.198 of 2018 (Raj Kumar and others Vs. Shitla Sahay), in accordance with law, as expeditiously as possible, preferably within three months. Despite the aforesaid order, the Civil Judge (Junior Division), Khaga, Fatehpur has not decided the 7- C application of the petitioners and instead passed the order dated 30.01.2019 observing that he being the In-charge Court has no power to decide the interim injunction application.
Considering the facts and circumstances of the case, the interim order dated 30.01.2019 passed by the Civil Judge (Junior Division), Khaga, Fatehpur is set aside with a direction that the interim injunction application (7-C) of the petitioners be decided by the competent court within six weeks from the date of production of a certified copy of this order.
Learned counsel for the petitioners submits that the court of Civil Judge is not available at Khaga. If it is so, then liberty is granted to the petitioners to move an appropriate application before the District Judge, Fatehpur, who shall ensure that the application 7-C of the petitioners is heard by a competent court.
With the aforesaid observations, the petition is disposed of.
Order Date :- 28.2.2019 Atul