Heard counsel for the petitioners and Sri Sunil Kumar, learned counsel appearing on behalf of respondent nos. 2 to 4.
The petitioners have preferred the present petition Under Article 227 of the Constitution of India with the prayer to direct the respondents to maintain status quo with regard to property subject matter of the Original Suit No. 620 of 2020 (Shivrani and another vs. Dhirendra Kumar and Others) pending in the court of Civil Judge (Junior Division) West, Allahabad till the disposal of the interim injunction application.
It appears from perusal of the records that along-with the Civil Suit being Original Suit No. 620 of 2020, an application no. 6-C was also filed for grant of interim protection. On the said injunction, notices were issued by the trial court on 06.11.2020 where is no protection was granted. Hence the petitioners have preferred the present petition before this Court.
By the Co-ordinate Bench of this Court the matter was duly entertained and detailed order was passed on 07.12.2020. Following interim protection was granted by this Court vide order dated 07.12.2020:-
"Meanwhile, the respondents are restrained from interfering with the plaintiff's possession over the land in dispute. It is further ordered that both parties shall not change the nature or character of the land in dispute till further orders.
However, this order will not prevent the Trial Court from proceeding ahead with the temporary injunction matter and deciding the same, after hearing the parties, in accordance with law uninfluenced by anything said in this order. "
Pursuant to the aforesaid order, steps were duly taken by the petitioners to serve the aforesaid respondents.
After service of notice, on behalf of aforesaid respondents counter affidavit was filed in the Court today, the same is taken on record.
Heard counsel for the parties and perused the record.
With the consent of counsel for the parties, the present petition under Article 227 of the Constitution of India is disposed of finally directing the court below namely Civil Judge (Junior Division) Allahabad to decide the application no. 6-C filed by the petitioners in the Aforesaid Civil Suit most expeditiously and preferably on the next date fixed in the matter. In case, on the said date on account of any reason, the said application could not decide, the Civil Judge (Junior Division) Allahabad will decide the same expeditiously and preferably within a period of one month thereafter.
Till the final decision is taken by the court below on the application no. 6-C the interim protection granted by this Court vide order dated 07.12.2020 will continue.
Order Date :- 11.1.2021 Swati