Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 1239 of 2018 Petitioner :- Udayraj Respondent :- Yagyesh Kumar And 3 Others Counsel for Petitioner :- Vivekanand Yadav,Prem Prakash Yadav Hon'ble Manoj Kumar Gupta,J.
The instant petition is directed against the order of the trial court dated 21.8.2017, by which it has refused to grant exparte injunction in favour of the petitioner.
It is urged that the petitioner has purchased the suit property by means of registered sale deeds from the father of the defendant respondents no.1 to 3 and husband of defendant respondent no.4. The petitioner was compelled to institute the suit for permanent prohibitory injunction, as the defendants were raising constructions over the suit property. The trial court by order dated 21.8.2017 has declined to grant ad interim exparte injunction without appreciating that the very object of seeking injunction would stand defeated as the defendants have been continuously raising constructions over the suit property. The petitioner has brought on record the photographs, which according to him, relate to the condition of the suit property just before the institution of the suit as well as the present position and wherefrom it transpires that at the time of institution of the suit, only certain pillars had been raised but now the roof is being laid.
It is also submitted by learned counsel for the petitioner that defendant no.1 has duly appeared in the suit and thus, defendants no.2 & 3, who are his real brothers and defendant no.4, who is his mother, have due knowledge of the institution of the suit but in order to avoid decision on the injunction application, they had not appeared.
Sri Diwakar Tiwari, Advocate has entered appearance on behalf of defendant-respondent no.1. He does not dispute that defendants no.2 & and 3 are his real brothers and defendant no.4 is his mother. He also admits that defendant no.1 has been duly served and is contesting the proceedings before the trial court. He further states that he has no objection in case the parties are directed to maintain status quo till the injunction application is taken up for consideration by the trial court.
Since defendant no.1, as noted above, is real brother of defendants no.2 & 3 and son of defendant no.4 and therefore, this Court is of the prima facie opinion that all the defendants have knowledge about the institution of the suit in the court below.
Having regard to the material brought on record and the submissions made, this Court is of the opinion that in case the parties are not directed to maintain status quo till the injunction application is taken up for consideration, the very object of seeking injunction would stand defeated.
Accordingly, the instant petition is disposed of with consent of learned counsel for the parties, by directing the trial court to decide the application for temporary injunction expeditiously and preferably within a period of four weeks from the date of production of a certified copy of this order and till the injunction application is decided, the parties shall maintain strict status quo over the suit property.
(Manoj Kumar Gupta, J) Order Date :- 27.2.2018 SL