Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 4624 of 2019 Petitioner :- Rajesh Respondent :- Rampal And 6 Others Counsel for Petitioner :- Suresh Kumar Srivastava,Satya Prakash Maurya
Hon'ble Manoj Kumar Gupta,J.
Supplementary affidavit filed today is taken on record.
The prayer made in the instant petition is for issuing direction to the trial court to decide application 6C in Original Suit No.995 of 2018 and to restrain the defendant-respondents from interfering in possession of the plaintiff-petitioner over the suit land.
It is noteworthy that the trial court had passed an exparte injunction in favour of the petitioner on 16.11.2018. The defendants approached this Court in a petition under Article 227 bearing No.9244 of 2018. This Court without interfering with the said order directed the trial court to decide the application for temporary injunction finally within three weeks. This Court further provided that no adjournment would be granted to the parties and in case the plaintiff-petitioner seeks adjournment, the interim protection granted to him would stand vacated automatically.
On account of various reasons, the temporary injunction application remained pending. On 26.4.2019, the plaintiff-petitioner sought adjournment for one month to enable him to challenge the order rejecting the amendment application. The trial court, having regard to the order of this Court, vacated the order of temporary injunction. However, the application 6C has yet not been decided on merits.
Having regard to the same, the instant petition is disposed of with direction to the trial court to decide the said application on merits expeditiously. However, request for grant of interim protection during pendency of application 6C before the trial court is declined in view of the previous order of this Court dated 28.2.2019 and the order of the trial court dated 26.4.2019.
The petition stands disposed of accordingly.
(Manoj Kumar Gupta, J.) Order Date :- 25.7.2019 skv