Allahabad High Court
Archana Tyagi And 4 Others vs Yaduraj Narain on 5 April, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 867 of 2022 Petitioner :- Archana Tyagi And 4 Others Respondent :- Yaduraj Narain Counsel for Petitioner :- Shiv Sagar Singh Counsel for Respondent :- Ashish Kumar Singh,Ajay Kumar Singh Hon'ble J.J. Munir,J.
(Order on Civil Misc. Recall Application No. 2 of 2022) Mr. A.K. Singh, learned Counsel for the respondent, prays that this application may be dismissed as not pressed. It is, accordingly, dismissed as not pressed.
(Order on the memo of Petition) This petition has been filed, questioning the order dated 13.12.2021 passed by the Civil Judge (Senior Division), Meerut in Original Suit No. 1510 of 2021, whereby the learned Judge declined to grant ex-parte injunction. Vide order dated 24.02.2022, this petition was entertained on the ground that constructions over the site were coming up, that is subject matter of the suit and if constructions of permanent nature did come up, the nature of the property would so radically change that it would be difficult to grant any relief by the time the temporary injunction matter comes up, even if a case for grant of relief were made out. It was bearing that in mind that an ad-interim order was passed, restraining the defendant-respondent from raising any further constructions.
Mr. A.K. Singh states that the temporary injunction application is pending before the Trial Judge, where it is lingering on. He submitted that it would be in the best interest of parties if the temporary injunction application is ordered to be decided at the earliest and within a specific period of time.
Mr. A.K. Singh represents the sole defendant-respondent, whereas the plaintiff-petitioners, who are five in number, are represented by Mr. Shiv Sagar Singh, learned Counsel.
In the entirety of circumstances, interest of justice would be best served by directing the parties to appear before the Trial Court on 08.04.2022. The Trial Court shall proceed with the hearing of the temporary injunction application on a day-to-day basis and dispose of the same on merits, after hearing the parties in accordance with law, within one month of the date that the parties appear before the Trial Court.
It is made clear that the case shall not be adjourned on account of any resolution of the local Bar and all such resolutions shall be ignored. Learned Counsel appearing in the case shall assist the Court, ignoring any resolution of the local Bar.
It is also made clear that while hearing and deciding/disposing of the temporary injunction application, the Trial Court shall not be influenced by anything said in this order.
The interim order dated 24.02.2022 shall continue to remain in operation till the disposal of the temporary injunction application.
This order has been passed with the consent of parties.
The petitioner stands disposed of in terms of the orders aforesaid.
There shall be no order as to costs.
Order Date :- 5.4.2022 I. Batabyal