Allahabad High Court
Prem Prakash Arora vs Civil Judge S.D. Meerut & Ors. on 25 January, 2010
Author: Krishna Murari
Bench: Krishna Murari
Court No. - 4 Case :- WRIT - C No. - 2521 of 2010 Petitioner :- Prem Prakash Arora Respondent :- Civil Judge S.D. Meerut & Ors. Petitioner Counsel :- Vivek Saran Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioner.
Suit filed by the petitioner seeking ejectment and arrears of rent against the respondent no.3 was decreed by the trial court vide judgement and decree dated 31.3.2008. The said decree was put to execution. Vide order dated 26.11.2009 the executing court directed police assistance for execution of the decree. Before the decree could be executed another suit no. 28 of 2010 has been filed by the respondent no.32 claiming to have taken the property in dispute on rent in 2007 and not to evict him except in accordance with law. It is contended by learned counsel for the petitioner that the suit filed by the respondent no. 3 is totally misconceived and an abuse of process of court and has been filed only to defeat the decree of ejectment passed against the respondent no. 2.
I have considered the argument advanced by learned counsel for the petitioner and perused the record.
Suit filed by the petitioner against the respondent no. 2 was decreed ex-parte. Respondent no. 3 filed a suit claiming to have taken the property in dispute on rent in the year 2007. The petitioner has failed to bring on record absolutely any connection in between the respondent no. 2 and respondent no. 3 in order to infer that a collusive suit has been filed by the respondent no. 3 only to defeat the decree obtained by the petitioner against the respondent no. 2. However, a perusal of the record indicates that the trial court vide order dated 5.1.2010 has only issued notices on the temporary injunction application and fixed 20.1.2010 for disposal of the said application. Learned counsel for the petitioner states that the petitioner has already put in appearance and the proceeding has been adjourned to 8.2.2010.
Since the issue involved in this petition are in effect disputed question of fact and the same cannot be effectively gone into in this petition and can be more appropriately decided by a fact finding court, interest of justice would stand served with the direction to the Civil Judge (Senior Division), Meerut to dispose of the application filed by the respondent no. 3 seeking temporary injunction in accordance with law expeditiously preferably within a period of one month from the date of production of a certified copy of this order before him after notice and opportunity of hearing to all concerned. Petition is disposed of.
Order Date :- 25.1.2010 nd