Court No. - 10
Case :- MATTERS UNDER ARTICLE 227 No. - 482 of 2021 Petitioner :- Ram Kumar Respondent :- Moti Ram And 12 Others Counsel for Petitioner :- Chetan Chatterjee Counsel for Respondent :- Shivesh Mishra
Hon'ble Prakash Padia,J.
Heard Sri Chetan Chatterjee, counsel for the petitioner and Sri Shivesh Mishra, counsel for the respondent no.8.
The petitioner has preferred present petition inter-alia with the prayer to restrain the respondent no.8 and the vendee (stranger to the suit) claiming through respondent no.8 namely Ilam Singh son of Rakam Singh resident of Village Phandpuri, Remanpur Pargana Sarsawa, Tehsil Nakur, District Saharanpur from raising construction at the suit property situated at Village Pahandpuri Urf Rehmanpuri Pargana Sarsawa Tehsil Nakur, District Saharanpur during pendency of Original Suit No.90 of 2004 (Ram Kumar and others Vs. Moti Ram and others) pending in the court of Civil Judge (Junior Division), Hawali, Saharanpur.
It is argued by counsel for the petitioner that a suit was filed by the plaintiff-petitioner being Original Suit No.90 of 2004 (Ram Kumar vs. Motiram). In the aforesaid suit compromise was also taken place in between the parties in the year 2015 except respondent no.8. It is further argued that wholly illegally respondent no.8 sold his property in dispute in favour of one Ilam Singh in the year 2020 and now aforesaid person has started construction over the property in dispute. In this regard an application for interim protection was also filed by the petitioner in the court below on 14.12.2020, copy of which is appended as annexure 6 to the present petition. It is further argued that the court is vacant and as such no orders were passed on the same till date.
Heard learned counsel for the petitioner, counsel for the respondent no.8 and perused the record.
In the facts and circumstances of the case, the court below namely Civil Judge (Junior Division), Hawali, Saharanpur is directed to pass appropriate orders on the application dated 14.12.2020, in accordance with law, most expeditiously within a period of three months from today after giving opportunity of hearing to the parties concerned without granting unnecessary adjournments to either of the parties.
Till 30.4.2021 or order passed by the court below, whichever is earlier, status quo as on today shall be maintained between the parties.
Order Date :- 3.2.2021 Pramod Tripathi