Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 4139 of 2018 Petitioner :- Rajendra Kumar Saini Respondent :- Smt. Anita Gupta And 4 Others Counsel for Petitioner :- Himanshu Kumar,Shri Zafar M. Naiyer, Sr. Advocate,Tariq Naiyer Hon'ble Vivek Kumar Birla,J.
Heard Sri Zafar M. Naiyer, learned Senior Counsel assisted by Sri Himanshu Kumar, learned counsel for the petitioner.
Present petition has been filed for setting aside the order dated 22.5.2018 refusing to grant an ex-parte interim injunction in Suit No. 1068 of 2018 (Rajendra Kumar Saini vs. Smt. Anita Gupta and others).
By the impugned order the court below has refused to grant ex- parte interim injunction and fixed 4.7.2018 and notices have been issued to other party.
Submission of learned counsel for the petitioner is that the petitioner is valid tenant under a valid agreement duly executed and that after death of original landlady two claimants of the house have come into existence and they are trying to dispossess the petitioner forcibly. He pointed out that a first information report dated 27.10.2017 was lodged by the petitioner registered as Case Crime No. 119 of 2017, under Sections 147, 148, 504, 506, 448, 511, 307, 457 and 380 IPC, Police Station Sisamau, District Kanpur Nagar and therefore, there is eminent danger of being evicted during summer vacation and as such some protection may granted to the petitioner till the next date of listing.
Ordinarily, no interference is warranted in such orders, however, in the facts and circumstances of the case, where criminal proceedings are pending before the court regarding forcible dispossession to the petitioner, it would be appropriate that status quo be maintained till the next date of listing before the trial court i.e. 4.7.2018.
However, it is made clear that while deciding the interim injunction application the court below shall not be influenced by any observation made by this Court in this order.
Without interfering in the order impugned herein present petition stands disposed of with the aforesaid observation.
Order Date :- 31.5.2018 Lalit Shukla