Allahabad High Court
Jahid Ali And 3 Others vs Smt. Jakir Nisha And 2 Others on 13 February, 2023
Author: Manish Mathur
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 19 Case :- MATTERS UNDER ARTICLE 227 No. - 644 of 2023 Petitioner :- Jahid Ali And 3 Others Respondent :- Smt. Jakir Nisha And 2 Others Counsel for Petitioner :- Vivek Kumar Rai,Umesh Kumar Tiwari Hon'ble Manish Mathur,J.
Heard learned counsel for petitioners. In view of order being passed notices to opposite parties stand dispensed with.
Petition under Article 227 of Constitution of India has been filed seeking a direction to the court concerned for expeditious disposal of application for temporary injunction filed by petitioners in regular suit No. 175 of 2022 for permanent injunction and cancellation of sale deed.
Learned counsel for petitioners submits that in the aforesaid suit proceedings, the defendants have already put in appearance as indicated in order sheet dated 9th March, 2022 as well as 6th September, 2022. It is submitted that during pendency of proceedings, the defendants are continuously executing sale deeds and therefore some protection is required so that nature of suit property does not get changed during pendency.
Considering submissions advanced by learned counsel for petitioners, Civil Judge (Junior Division), Hawali, Lucknow is directed to consider and decide application for temporary injunction filed in regular suit No. 175 of 2022 (Jahid ali and others versus Jakir Nisha and others) expeditiously preferably within a period of six weeks from the date a certified copy of this order is brought on record in the proceedings in case there is no other legal impediment without granting undue adjournments to either parties.
Benefit of this order shall be available to the petitioners only in case they cooperate with the proceedings.
With the aforesaid directions, the petition stands disposed of.
Order Date :- 13.2.2023 prabhat