Court No. - 42
Case :- MATTERS UNDER ARTICLE 227 No. - 4576 of 2019 Petitioner :- Ram Shiromani Maurya And 6 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Vikas Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Learned counsel for the petitioners contends that the house of the petitioners is under threat of demolition. He has instituted an original suit no.69 of 2019 (Ram Shiromani Maurya and others vs. Nagar Panchayat, Suriyawan and others) with 6-C application. The application 6-C for grant of interim injunction has not been decided by the learned trial court till date.
Sri Vikas Kumar, learned counsel for the petitioners further contends that the purpose of 6C application will be defeated in case it is not decided within time as house of the petitioners is under imminent threat of demolition. Learned counsel for the petitioners further contends that the civil courts are closed for vacation for a period of one month.
The learned trial court is directed to decide the 6-C application for grant of interim injunction in Original Suit No.69 of 2019 (Ram Shiromani Maurya and others vs. Nagar Panchayat, Suriyawan and others) within a period of two months from the date of receipt of a certified copy of this order.
Since the petitioners are facing threat of demolition and the interim injuction application is not being decided, the parties are directed to maintain status quo till the decision of the 6-C application.
It is clarified that the learned trial court shall decide the 6-C application with independent application of mind and without being influenced by the observations made in this order in any manner.
With the aforesaid direction, the petition is finally disposed off.
Order Date :- 28.5.2019 Ashish Tripathi