Allahabad High Court
Manik Chandra vs Phool Chandra And Another on 24 September, 2019
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 7023 of 2019 Petitioner :- Manik Chandra Respondent :- Phool Chandra And Another Counsel for Petitioner :- Rajesh Kumar Pandey Hon'ble Prakash Padia,J.
Heard Sri Rajesh Kumar Pandey, learned counsel for the petitioner/plaintiff.
The present petition under Article 227 of the Constitution of India has been filed with the following prayers :-
"a) Issue a suitable order or direction quashing the impugned order dated 27-05-2019 passed by Civil Judge (Junior Division) City Jaunpur in Civil Suit No.716 of 2019, Manik Chandra Vs Phool Chandra and another, against the petitioner/plaintiff.
b) Issue a suitable order or direction commanding the respondents not to demolish the ancestral house property of the petitioner, situated in Village-Pokhara, Tehsil-Badalapur, District Jaunpur, during the pendency of partition suit no.716 of 2019 (Manik Chandra Vs Phool Chandra and another), pending in the Court of Civil Judge (Junior Division) City Jaunpur."
In view of the order proposed to be passed, notices need not to be issued to the respondents.
The facts in brief as contained in the petition are that the plaintiff/petitioner is living in his ancestral house situated in Village-Pokhara, Block-Maharajganj, Tehsil-Badalapur, District Jaunpur having valid right and share with his real brothers namely Harish Chandra and Phool Chandra, respondents no.1 and 2 respectively. The petitioner and respondents no.1 and 2 are real brothers and they have equal share in their ancestral property including the old house. It is argued that due to malafide intention the real brothers of the petitioner, respondents no.1 and 2 are trying to dispossess the petitioner from his share of his ancestral house.
In this view of the matter, a Partition Suit No.716 of 2019 (Manik Chandra Vs Phool Chandra and another) was filed by the petitioner/plaintiff in the court of Civil Judge (Junior Division), Jaunpur, on 27.5.2019 seeking relief of partition. Along-with the partition suit an application for grant of interim injunction (6-C) was also filed by the petitioner/plaintiff in the court below. On the said application an order dated 27.5.2019 was passed by the Civil Judge (Junior Division), Jaunpur by which the interim injunction was not granted to the petitioner/plaintiff on the ground that the same could not be granted without hearing the other side. It is contended that meanwhile Amin report was also called for.
Learned counsel for the petitioner/plaintiff also relied upon the report submitted by the Amin dated 29.7.2019. From perusal of which it is clear that on the property in question the plaintiff /petitioner is in possession.
In this view of the matter, it is argued by Sri Rajesh Kumar Pandey, learned counsel for the petitioner that the respondents are trying to dispossess the petitioner from his property and as such till the time decision is taken by the court below on his injunction application (6C) an interim protection be granted by this Court.
Heard learned counsel for the plaintiff /petitioner and perused the record.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with the direction to the Civil Judge (Junior Division), City Jaunpur, to decide the injunction application filed by the plaintiff/petitioner being Partition Suit No.716 of 2019 (Manik Chandra Vs Phool Chandra and another) expeditiously and preferably within a period of six months from the date of receipt of certified copy of this order after giving an opportunity of hearing to the parties concerned without granting unnecessary adjournment either of the parties..
Till the decision is taken on the said application, status quo be maintained between the parties in respect of the property in question.
Order Date :- 24.9.2019 Pramod Tripathi