Court No. - 33
Case :- MATTERS UNDER ARTICLE 227 No. - 7905 of 2018 Petitioner :- Srikant Srivastava Alias Bhalla Srivastava And 6 Others Respondent :- Chiraunji Lal Nishad Counsel for Petitioner :- Prashant Pandey Hon'ble Manoj Misra,J.
The petitioners have prayed for a direction upon the court concerned to decide Application 6-C in Original Suit No.301 of 2018 within a stipulated period and in the meantime to direct the respondent not to raise further constructions over plot No.727-Ka and 751.
From the order sheet of the case it appears that on 06.07.2018, 23.07.2018 was the date fixed by requiring the plaintiff to serve notice on the defendants. Thereafter, on 23.07.2018, on the next date, matter had to be adjourned on account of lawyers' strike and 13.08.2018 was fixed. From the order sheet of the case it further appears that by order dated 13.08.2018 the court had required the plaintiff to take fresh steps.
Whether steps have been taken or not is not disclosed from the order sheet.
Under the circumstances, this Court considers it appropriate to dispose of this petition by giving liberty to the petitioners to move application before the court concerned for consideration of the pending injunction application, if there is any urgency. If any such application is filed and it is found that the other side has been served with notice of the proceeding, the court shall endeavour to take appropriate decision on the said application after giving opportunity of hearing to the other side.
With the aforesaid observation/direction, the petition is
disposed off.
Order Date :- 30.10.2018 AKShukla/-