Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 6330 of 2019 Petitioner :- Samaliya Prasad Respondent :- Nagar Nigam Mathura And 4 Others Counsel for Petitioner :- D.K.Tripathi Counsel for Respondent :- Vashishtha Tiwari
Hon'ble Manoj Kumar Gupta,J.
The prayer made in the instant petition is for issuance of a direction to the Appellate Court to decide Civil Appeal No.
56 of 2017 and for restraining Nagar Nigam, Mathura from constructing Sulabh Shauchalay on the suit land.
The appeal is pending at the behest of the petitioner. The suit instituted by him was dismissed by judgment dated 20.03.2017.
A perusal of the order-sheet reveals that the appeal was transferred from one court to another court. Consequently, the transferee court had issued notice to the other side intimating it about transfer of the proceedings fixing 29.08.2019 for hearing. The order-sheet does not indicate that any injunction application was filed by the appellant before it for grant of any injunction.
In the circumstances aforesaid, this Court is not inclined to grant any injunction in exercise of power under Article 27 of the Constitution of India but leaves it open to the petitioner to file appropriate application in this regard, if so advised, before the Appellate Court where the appeal is pending. At the same time, it is desirable that the appeal be decided expeditiously. It is directed accordingly.
The instant petition stands disposed of with the above directions.
Order Date :- 22.8.2019 VR (Manoj Kumar Gupta, J.)