Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 3478 of 2021 Petitioner :- Smt.Rajiya Khatun (Now Died) And 5 Others Respondent :- Ramsakal Giri And 4 Others Counsel for Petitioner :- Manoj Yadav
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioners and perused the record.
By means of this petition under Article 227 of the Constitution, the petitioner have prayed for a direction to the learned Additional District Judge-III (Fast Track Court), Ballia to decide the Civil Misc. Appeal No.- 103 of 2018 against the order of refusal of injunction of the trial court.
It is argued by the learned counsel for the petitioner that there is urgency in the matter as the respondents who were defendant in the suit have filed the suit for cancellation of the sale deed.
In view of the above, this petition is disposed of with a direction to the court below to decide the Civil Misc. Appeal No.- 103 of 2018 (Smt. Rajiya Khatun and others vs. Ramsakal Giri and others) strictly in accordance with law and of course, after recording satisfaction regarding service of summons and giving full opportunity of hearing to the appearing parties within a period of two months from the date of production of copy of this order and until such disposal as directed hereinabove, the defendants- respondents shall not create any third party right in respect of the suit property.
However, it is clarified that interim protection granted under this order, shall not prejudice the disposal of the civil misc. appeal by the court below on its own merits.
Order Date :- 30.7.2021 Atmesh