Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 4839 of 2021 Petitioner :- Suman Tiwari Respondent :- Asit Khanna And Another Counsel for Petitioner :- Archit Mandhyan Counsel for Respondent :- Swapnil Kumar
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner.
The petitioner has preferred the present petition under Article 227 of the Constitution of India with the following prayers:-
"i. Direct Learned Civil Judge (Senior Division) Gautam Buddha Nagar, to consider and decide the temporary injunction application of the petitioner, filed on 28.08.2017 (6Ga2) in Original Suit No.582 of 2017 pending before Learned Civil Judge (Senior Division) Gautam Buddha Nagar, within such time as this Hon’ble Court fit and proper.
ii. and, direct the parties to maintain status quo on the property in question till the disposal of application 6Ga2.
iii. issue any other and further appropriate, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case;
iv. award the cost of the petition to the petitioner."
Facts in brief as narrated in the petition are that an Original Suit No.585 of 2017 has been filed by the plaintiff-petitioner in the Court of Civil Judge (Senior Division) Gautam Budh Nagar for permanent injunction. An interim injunction application being Application No.6Ga2 was also filed along with the aforesaid suit in which notices were issued on 28.08.2017. From perusal of the order- sheet, which is appended along with the present petition, it appears that though large number of dates were fixed in the matter but till date no final decision has been taken on the matter. During the pendency of the injunction application, a notice dated 11.08.2021 has been issued to the petitioner by which threatening has been given to return the excess land within 15 days and in the absence of the same, they will take necessary action by the Administration for demolition of the property in dispute.
It is argued by learned counsel for the petitioner that the suit has been filed in the year 2017 and the matter is still pending since three years in which injunction application is still pending, despite this, the respondents wholly illegally issued notices for demolition.
Heard learned counsel for the petitioner and perused the record.
In the facts and circumstances of the case and without entering into the merits of the case, this petition is disposed of directing the court below to take a final decision on the interim injunction application filed by the petitioner most expeditiously and preferably within a period of three months from today.
Till 31.12.2021 or till the time a decision has been taken on the interim injunction application, whichever is earlier, respondents are directed not to take any cervices action against the petitioner.
Order Date :- 24.9.2021 saqlain