Heard Learned counsel for the petitioner, Mr. Mohd. Syed for apposite party no.2 and learned standing counsel for opposite party no.3. Notice to the opposite party no.1 is dispensed with.
Submission of the petitioner's counsel is that the deponent is the Mutwalli of the petitioner and since opposite party no.1 was causing interference in the petitioner's peaceful possession over a waqf property, bearing No. 166/1 measuring 2.345 hectare, which is in the nature of a mango grove, therefore, he filed Civil Suit No. 302/2010 for permanent injunction against him and an application for temporary injunction was also moved. The learned Civil Court issued notices to defendant/opposite party in respect thereof, but on the date when the said suit was listed for hearing of the application, it could not be taken up and without making any order it has been posted for 05.07.2010, whereas opposite party no.1 is trying to interfere in the petitioner's possession. The petitioner has prayed for direction to the concerned Civil Court for disposal of the temporary injunction application within a definite time frame.
The deponent is recorded as Mutwalli and property is recorded as Waqf property in the revenue record (Annexure No.2 to the writ petition). In view of above, opposite party no.3 . (Civil Judge (Junior Division), Lucknow) is directed to dispose of the application for interim injunction in accordance with law within one month from 05.07.2010 after hearing the parties.
With the above direction the writ petition is disposed of finally. Order Date :- 25.6.2010 Adhir