Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 1233 of 2016 Petitioner :- Rajendra Prasad Respondent :- Mewalal And 5 Others Counsel for Petitioner :- Babu Ram Yadav
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and learned counsel for the complainant.
The present petition has been filed for setting aside the order dated 14.8.2012 passed by Additional Civil Judge (Senior Division) IInd Court No.10, Jaunpur as well as order dated 21.1.2016 passed by Additional District Judge/Special Judge (E.C. Act), Jaunpur. Further prayer has been made seeking direction to the court below to restrain the respondents/defendants from making construction.
The interim injunction application was rejected by the trial court vide order dated 14.8.2012. The appeal against the same was also dismissed by the learned Appellate Court vide order dated 21.1.2016. While rejecting the interim injunction application it has been observed that there is a difference in the approved map and in the Amin Report. In the Amin Report dated 25.9.2010 pathway has not been shown. In the appellate order it has been observed that there is difference in the map. It has been recorded that the plaintiff/petitioner has not filed any decree or the family register to prove his case that both the parties belong to a joint family and therefore he has no primafacie case and balance of convenience and irreparable loss was also not found in his favour.
Submissions of learned counsel are that land as shown in the plaint is joint Abadi land.
I have considered the submissions and perused the record.
I find that the orders of the court below are well reasoned orders and therefore, I do not find any good ground to interfere in the orders impugned herein. However, it is made clear that the final judgment may be passed by the court below without being influenced by any observation made in this order by this Court.
As this stage, learned counsel for the petitioner submits that the suit is of the year 2010 and court below may be directed to decided the same expeditiously.
Accordingly, it is provided that the court below shall make all efforts to decide the same expeditiously on its own merits.
With the aforesaid observation, present petition is accordingly dismissed.
Order Date :- 27.4.2018 Deepika