Heard learned counsel for the petitioner and the learned Standing Counsel.
The petitioner is aggrieved by the order dated 15.6.2010 by which on an application made by the petitioner for injunction restraining the defendants from interfering in possession or to raise a construction has been entertained but no exparte injunction has been granted and the notices have been issued after recording a finding that in such circumstances and in view of the averment made in the injunction application, it will not be appropriate to grant an exparte injunction or as no document to that effect has been submitted by the petitioner with the injunction application regarding raising any construction on the land in dispute, the Court has issued a notice fixing 31.8.2010. I am of opinion that from the record and from the application as there was no averment regarding raising a construction, therefore, the court was justified in not granting the exparte injunction but in the facts and circumstances as the court has fixed 31.8.2010 as a date to consider the application, after about one and half months, therefore, in my opinion, it will be appropriate that if the service is sufficient upon the defendants, the court below will pre-pone the date on an application made by the petitioner and consider the injunction application before the date fixed.
In such circumstances, this writ petiton is being disposed of fixing 15.7.2010 before the Civil Judge (J.D.), Haveli, Azamgarh to consider the application filed by the petitioner for injunction in case service upon the defendant is sufficient on merit after affording full opportunity to the parties.
The writ petition is disposed of .
In the mean time the parties are restrained from cutting out the trees standing on the land in dispute.
No order is passed as to costs.
Order Date :- 28.6.2010 V.Sri/-