Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 9556 of 2018 Petitioner :- Uuchi Maszid Respondent :- Sarla Jain And 5 Others Counsel for Petitioner :- Alkesh Singh
Hon'ble Mrs. Sunita Agarwal,J.
Learned counsel for the petitioner prays for and is granted permission to make correction in the prayer clause of the present petition within the course of the day.
The prayer in the present petition is to issue direction to the court below to decide the application 35-G pending in Original Suit No.247 of 2016 (Sarla Jain v. Unchi Maszid & Ors.) pending before the Civil Judge, (Senior Division), Fast Track Court, Mainpuri. The petitioner herein is defendant no.1 in the aforesaid suit and has filed his written statement with the counter claim on 26.5.2017. After filing of the written statement and the counter claim seeking declaration with respect to the suit property, it appears that the application 35-G has been filed by the petitioner before the court below insisting for framing of preliminary issues with regard to the nature of the suit property. The insistence of defendant no.1 to frame preliminary issues by moving an application is nothing but abuse of the process of the Court. The suit and the counter claim can only be decided after all the issues are settled with the assistance of the counsels for the parties by the court below. It is also not known as to whether the plaintiff has filed her replication and reply to the counter claim and the counter claim has been registered or not.
For the aforesaid, no direction can be given to the court below on the misconceived application 35-G filed in original Suit No.247 of 2016 (Sarla Jain v. Unchi Maszid & Ors.) by the defendant no.1. It is open for the counsel for the parties to take necessary steps for settlement of issues before the Court, concerned.
Subject to the above observations and directions, the present petition is disposed of.
Order Date :- 22.1.2019 Jyotsana