Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 2355 of 2019 Petitioner :- Vishambhar Dayal Sharma And 4 Others Respondent :- Sri Mahendra Sharma And Another Counsel for Petitioner :- Gaurav Sharma
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioners, learned Sanding Counsel and perused the record.
The present writ petition has been filed with the prayer to stay the effect and operation of impugned order dated 23.08.2018 passed by Civil Judge (Jr.Division) in O.S. 176 of 2019 (Vishambhar Dayal Sharma and others vs. Mahendra Sharma and another ) and the order dated 22.02.2019 passed by Additional District Judge-IX Mathura in Misc.Civil No.115 of 2018 and further prayer is to direct the respondents-defendants not to interfere in the peaceful possession of the petitioners over the disputed suit property.
By impugned order dated 23.8.2015, the interim injunction application filed by the petitioner was rejected. The appeal against the same was disposed of by the lower appellate court holding that the Gaon Sabha and State of U.P. will be necessary party in the present case and as such the plaintiff appellant was directed to implead the Gaon Sabha as well as State of U.P. as a party to the petition and thereafter serving the notice under section 80 C.P.C. the applicant move.
This issue can be decided by the trial court since it has been recorded that the petitioner has failed to make out any prima facie case in his favour, I do not find any good ground for interference.
This writ petition is accordingly dismissed.
Order Date :- 26.4.2019 Rk