Notice on behalf of opposite party no.1 has been accepted by learned Chief Standing Counsel. Sri Vijay Kumar Asthana, Advocate alongwith Sri A.M. Tripathi Advocate have put in appearance on behalf of opposite party nos. 2 to 5.
Issue notice to opposite party no.6, dasti as well, returnable at an early date.
Submission of learned counsel for petitioner is that the opposite party nos. 2 to 5 had earlier filed a Regular Suit No. 49 of 2013 and when the learned Civil Judge (Senior Division), Shravasti refused to grant an exparte ad-interim-injunction, they filed four suits before the learned Civil Judge (Junior Division), Shravasti being Regular Suit Nos. 298/13, 299/13, 300/13 and 301/13 on the same set of facts, on 09.05.2013 and on rejection of their applications for ad-interim-injunction, the opposite party nos. 2 to 5 preferred four appeals bearing nos. 17/2013, 18/2013, 19/2013 and 20/2003 before the appellate court. The appellate court, passed an order of maintaining status quo, without appreciating the fact that the opposite party nos. 2 to 5 have not sought permission of the court for filing four suits independently, inspite of pendency of Regular Suit No. 49 of 2013, further suits filed by the opposite party nos. 2 to 5 were not maintainable.
The issue involved in the aforesaid writ petition requires consideration by the Court, as to whether, the subsequent suits, filed by opposite party nos. 2 to 5 are maintainable without withdrawing the first suit namely Regular Suit No. 49 of 2013, therefore, this Court feels that it would be expedient in the interest of justice that the opposite parties may file their respective counter affidavits within a period of two weeks. Rejoinder affidavit, may be filed within a week thereafter.
List this matter on 04.04.2014.
In the meantime, the proceedings of the Regular Suit Nos. 49 of 2013, 298 of 2013, 299 of 2013, 300 of 2013 and 301 of 2013, shall remain stayed till further orders of the Court.
Order Date :- 13.3.2014 Vijay