Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 4074 of 2018 Petitioner :- Udayvir Respondent :- Malkhan Giri And 8 Others Counsel for Petitioner :- Suresh Chandra Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner.
Stamp Reporter has reported laches of 183 days.
Present petition has been filed for setting aside the order dated 15.7.2015 as well as order dated 24.8.2017, whereby the application filed by the petitioner for restoration of his possession, which was allegedly forcefully taken over by the defendants during summer vacation has been rejected.
Submission is that the impugned orders are wholly illegal and once the interim injunction was granted in favour of the petitioner, the same were liable to be extended and the possession has to be restored in favour of the petitioner in the light of injunction.
I have considered the submissions and have perused the record.
On perusal of record I find that that the allegation of the petitioner is that initially injunction was granted vide order dated 20.1.2011 (incorrectly mentioned as 20.10.2011) and on 31.5.2013 taking benefit of summer vacation the petitioner was dispossessed.
The courts below have noticed the fact that even after this date the petitioner has moved extension application for temporary injunction granted in his favour earlier and if he is dispossessed, there was no occasion to move such an application. It was further noticed that the categorical case of defendants are that the they are in possession since 1975 and their names are also recorded in the revenue record.
In such view of the matter, I do not find any good ground to interfere in the orders impugned herein.
Present petition is devoid of merits and is accordingly dismissed.
Order Date :- 30.5.2018 Lalit Shukla