Court No. - 9
Case :- WRIT - C No. - 14219 of 2019 Petitioner :- Ravendra Kumar And Another Respondent :- Additional Commissioner And 4 Others Counsel for Petitioner :- Rahul Kumar Tyagi Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondents.
The writ petition has been filed seeking the following relief -
(i) Issue an appropriate writ, order or direction the nature of certiorari to quashing the impugned judgement and order dated 03.04.2019 passed by Additional Commissioner (Judicial-IV), Meerut Region, Meerut in Appeal No.00830 of 2019 (Computer Case no.C201911000000830) Ravendra Kumar and others Vs. Virendra Kumar and others, as well as Judgement dated 13.08.2018 passed by Sub Divisional Magistrate,Tehsil Sardhana, District Meerut in Case No.00754 of 2018, (Computer Case No.T201811520400754) Virendra Kumar Vs. Satyendra Kumar and others as well as entire proceedings of the partition case No.0754 of 2018, (Computer Case No.T201811520400754) Virendra Kumar Vs. Satyendra Kumar and others (Annexure No.11 and 6 to the writ petition)."
The petitioners are aggrieved because in a suit for partition, it is alleged that an exparte decree was passed. The petitioner filed an appeal, which has been entertained but no interim order has been granted, therein.
In my considered opinion, grant of an interim order is within the discretionary jurisdiction of the Court dealing with the appeal. Therefore, this Court does not consider it appropriate to interfere.
The writ petition is disposed of with the observation that the appeal itself be decided as expeditiously as possible and without granting any unnecessary adjournment to any of the parties, thereto.
Order Date :- 26.4.2019 RKM