Court No. - 10
Case :- MATTERS UNDER ARTICLE 227 No. - 9856 of 2019 Petitioner :- Ram Kailash Kushwaha Respondent :- Additional Civil Judge (S.D.) And 2 Others Counsel for Petitioner :- Umesh Chandra Tiwari Counsel for Respondent :- Ashish Mishra
Hon'ble Mrs. Sangeeta Chandra,J.
(Oral)
1. Heard learned counsel for the petitioner.
2. Learned counsel for the petitioner prays for a direction to be issued to respondent no.1 to decide the application for temporary injunction registered as Paper no.6-C in Case no.481 of 2019 (Ram Kailash vs. Lal Chandra and another).
3. It has been submitted by the learned counsel for the petitioner that the petitioner is a bhoomidhar and in possession of Khata no.204 consisting of two gatas situated in Village Khanpur, Pargana Khairagarh, Tehsil Meja, District Allahabad. After consolidation proceedings, new gata numbers have been allotted to the land in question and on 4.11.2019, the respondent no.2 had forcibly started cutting the paddy crops standing over the property of the petitioner and had collected building material for construction of a khadanja road. The petitioner, therefore, filed a suit for permanent injunction along with an application for ad-interim injunction on 15.11.2019. The trial court has refused to issue an ex-parte injunction and has only issued notice and fixed the date of 23.12.2019 for filing of objection and for disposal of the application, Paper no.6-C.
4. It has been submitted by the learned counsel for the petitioner that if interim injunction is not granted by the trial court, the petitioner shall suffer irreparable loss.
5. The petitioner has already filed a copy of the khatauni, which shows that he is the only recorded tenure holder of the gatas in question and a prima facie case has been established for injunction against the respondents/defendants.
6. This petition is disposed of with a direction to the learned trial court to consider the application of the petitioner at the earliest and in the meantime, also contemplate giving ad- interim injunction under Rule 3 of Order 39 Rules 1 and 2 of CPC on the basis of documentary evidence filed by the petitioner. Such ad-interim injunction can be granted by the learned trial court on 23.12.2019 i.e. the next date fixed by imposing such conditions on the petitioner as are found reasonable, in case his application for temporary injunction is eventually rejected, after hearing the contesting respondents.
Order Date :- 18.12.2019 Sachin