Smt. Pushparani Jayaswal and 4 Others Vs Ramleela Samiti and Another

Court No. - 36

Case :- MATTERS UNDER ARTICLE 227 No. - 8958 of 2018

Petitioner :- Smt. Pushparani Jayaswal And 4 Others Respondent :- Ramleela Samiti And Another Counsel for Petitioner :- Ashish Kumar Singh,Satish Chandra Jaiswal

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Hon'ble Mrs. Sunita Agarwal,J.

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By means of the present petition, the petitioner is seeking direction to the court below to decide the pending temporary injunction application in Original Suit No.2289 of 2018 which has been filed by eight petitioners who are claiming tenancy over different sets of the suit properties.

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Learned counsel for the petitioner informs that the matter is posted for 13.12.2018 and the defendant landlord has put in appearance before the court below.

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The question as to whether eight persons can join as plaintiffs within the meaning of Order 1 Rule 1 C.P.C. to file the instant suit, allegedly arising out of the same cause of action, would arise in the suit which would be required to be examined by the court below on the next date fixed, considering the stand taken by the defendant.

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In the said circumstances, the present petition is being disposed of with the observation that the trial court shall proceed to decide the temporary injunction application after ascertaining the question as to whether the plaintiffs who are claiming their tenancy with respect to separate properties commenced at separate points of time, can join in the instant suit so to seek injunction against the landlord on the plea that the landlord had tried to demolish their tenaments. An endeavour shall be made by the trial court to decide the aforesaid issue preferably on the next date fixed or on a short to be fixed within a further period of four weeks, before passing any order on the temporary injunction application.

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Order Date :- 6.12.2018 Jyotsana

Smt. Pushparani Jayaswal and 4 Others v. Ramleela Samiti and Another

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Smt. Pushparani Jayaswal and 4 Others v. Ramleela Samiti and Another

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