Allahabad High Court
J.P.Brick Field Rae Bareli Thorugh Its ... vs Civil Judge (S.D.) Rai Bareli And Ors. on 19 January, 2010
Author: Narayan Shukla
Bench: Narayan Shukla
Court No. - 3 Case :- REVIEW PETITION No. - 4 of 2010 Petitioner :- J.P.Brick Field Rae Bareli Thorugh Its Prop. 7210(M/S)2009 Respondent :- Civil Judge (S.D.) Rai Bareli And Ors. Petitioner Counsel :- Sudhir Kumar Pandey Hon'ble Shri Narayan Shukla,J.
Heard Mr. S. K. Pandey, learned counsel for the petitioner as well as Mr. Deelip Pandey, learned counsel for the opposite parties.
The petitioner has moved the present application for review the order dated 21.12.2009 passed by me, whereby though this Court did not entertain the writ petition but provided that till disposal of the application for temporary injunction, the brick kiln shall not be energized.
The learned counsel for the applicant submits that the Division Bench of this Court in writ petition No. 8814 (M/B) of 2009 passed an interim order dated 09.10.2009 to the effect that if the Bhatta is constructed, which is being done at the own risk of the respondents, the same shall not be energized till next date of listing. Subsequently, by means of order dated 18.12.2009, the writ petition was dismissed with the observation that the dismissal of the writ petition would not come in the way of the petitioner or the respondent No.4 by putting the respective claims before the Court concerned or the appropriate forum. Now, the opposite party concerned has filed a suit before the Civil court, which has been registered as Civil Suit No. 1130 of 2009 along with application for temporary injunction,which is still pending consideration. Despite the order passed by this Court on 24.12.2009 to dispose of the application either on 08.01.2010 or on some other date, which shall be fixed in the next week itself, till date no application has been disposed of, whereas after 08.01.2010 the matter has been listed on 13.01.2010 and now the next date is fixed on 20.01.2010 for final disposal of the application for temporary injunction.
Since the writ petition itself has been dismissed, I am of the view that there should not be any interim order by this Court in the matter, therefore, I hereby recall the order dated 21.12.2009 and I hereby dispose of the writ petition with the direction to the Court below to dispose of the application for temporary injunction tomorrow itself after providing opportunity of hearing to the parties concerned.
The review petition is allowed.
Order Date :- 19.1.2010 PR/-