Allahabad High Court
Chandra Prakash Gupta vs Distt. Judge (Incharge) Faizabad And 4 ... on 16 January, 2023
Author: Manish Mathur
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 19 Case :- MATTERS UNDER ARTICLE 227 No. - 167 of 2023 Petitioner :- Chandra Prakash Gupta Respondent :- Distt. Judge (Incharge) Faizabad And 4 Others Counsel for Petitioner :- P.K. Mishra Hon'ble Manish Mathur,J.
Heard learned counsel for petitioner.
In view of order being proposed to be passed, notices to opposite parties stand dispensed with.
Petition under Article 227 of the Constitution of India has been filed against the order dated 02.12.2022 passed in Civil Revision No.69 of 2022 whereby application filed under section 151 of the Code of Civil Procedure in Original Suit No.746 of 2022 has been rejected.
Learned counsel for petitioner submits that petitioner had filed suit for permanent injunction in which notices were issued on the application for temporary injunction, which could not be served within time stipulated and as such petitioner-plaintiff filed application under section 151 of the Code seeking a direction to defendant to stop the ongoing construction over the disputed property. The aforesaid application was rejected on the ground that notices issued earlier had not yet been served. It is submitted that against the aforesaid rejection order dated 07.11.2022, petitioner-plaintiff filed revision in which while admitting the revision, no interim injunction was granted and only notices were directed to be issued.
Learned counsel for petitioner submits that and in view of the fact that defendants are continuously interfering in possession of the plaintiff over the property in question, necessary directions are required to be passed expeditiously to protect the nature of property in dispute.
Considering aforesaid facts, as well as the fact as submitted by learned counsel for petitioner that defendants have already put in appearance, the Civil Judge, (Senior Division), Faizabad is directed to decide the application for interim injunction pending in Original Suit No.746 of 2022; Chandra Prakash Gupta versus Ajay Verma and others expeditiously within a period of six weeks from the date a copy of this order is brought on record of the proceedings.
Benefit of this order shall be available only in case petitioner cooperates in early conclusion of the application/trial.
In view of aforesaid, the petition stands disposed of.
Order Date :- 16.1.2023 Subodh/-