Allahabad High Court
Hari Shankar vs Om Prakash & Others on 13 July, 2010
Bench: Vijay Manohar Sahai, Jayashree Tiwari
Court No. - 9 Case :- WRIT - C No. - 39206 of 2010 Petitioner :- Hari Shankar Respondent :- Om Prakash & Others Petitioner Counsel :- Kamlesh Kumar,Kaustubh Srivastava Respondent Counsel :- C.S.C. Hon'ble Vijay Manohar Sahai,J.
Hon'ble Mrs. Jayashree Tiwari,J.
Heard learned counsel for the petitioner and the learned standing counsel appearing on behalf of respondent nos.2 and 3.
Learned standing counsel prays for and is granted one month's time for filing counter affidavit. Petitioner will have three weeks thereafter for filing rejoinder affidavit.
Respondent no.4 is proforma respondent. Issue notice to respondent no.1 through registered post with AD returnable at an early date. Steps to be taken within two weeks.
List on the date fixed by the office on the notice.
Original Suit No.751 of 1995 filed by the petitioner was decreed by the trial court on 12.9.2007. Respondent no.1 has filed an appeal, which is pending, in which no interim order was passed. It appears that respondent no.1, being a lawyer and having political connection, with the help of respondent nos.2 and 3 is trying to dispossess the petitioner.
We are of the opinion that once the suit of the petitioner is decreed and appeal is pending, during the pendency of the appeal of civil dispute it is not open to respondent nos.2 and 3 to interfere with the possession of the petitioner in any manner as their act amount to contempt. Therefore, the petitioner is entitled for interim relief.
Until further order of this Court the respondents are restrained from interfering in the possession of the petitioner over plot nos.197 and 198 situated in village Sarai Kazi alias Miyanpur Pargana Haweli, Tehsil and District Jaunpur.
Order Date :- 13.7.2010 A.