Allahabad High Court
Mohammad Naseem And Another vs Jameel Ahmad And 4 Others on 22 February, 2021
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- MATTERS UNDER ARTICLE 227 No. - 1402 of 2021 Petitioner :- Mohammad Naseem And Another Respondent :- Jameel Ahmad And 4 Others Counsel for Petitioner :- Sami Ullah Khan Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioners and perused the record.
In view of the order proposed to be passed, notices need not go to the private respondents.
The petitioner is before this Court for a direction to the Civil Judge (J.D.), Sant Kabir Nagar, to decide the application 6-C filed by the petitioner in Original Suit No.708 of 2020 (Mohd. Naseem and another Vs. Jameel Ahmad and others) within stipulated period. Alongwith plaint an application for grant of interim injunction was also filed. On the said application, notices were issued to the defendants in Suit on 13.11.2020. It is further argued that the next date fixed in the matter is 25.02.2021. It is argued that the respondents are trying to raise illegal constructions over the land of the petitioners. It is further argued that in case the peaceful possession of the land owned by the petitioner is interfered with, the petitioner will suffer irreparable loss.
From the perusal of the averments made in the plaint as well as the averments made in the petition it appears that the land in question was given to the petitioner in the family partition long back.
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 a direction to the court below to consider and decide the aforesaid application in accordance with law on the next date fixed i.e. 25.02.2021 in the matter after hearing all the parties concerned. If on account of any reason no orders were passed on the aforesaid date, the decision will be taken on the aforesaid application preferably within a period of one month, thereafter.
It is made clear that till 31.03.2021 or till the disposal of application 6-C whichever is earlier, both the parties shall maintain status-quo as on today.
Order Date :- 22.2.2021 pks