Disposed of application stating eviction cannot be executed while an injunction from a pending civil suit involving the Gaon Sabha remains in operation.
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Court No. - 59
Case :- CONTEMPT APPLICATION (CIVIL) No. - 979 of 2018
Applicant :- Gulab Charan Opposite Party :- Sri K. Balaji, Collector Counsel for Applicant :- Ajay Kumar Singh
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant and Sri Niraj Upadhyay, the learned Additional Chief Standing Counsel appearing for the opposite party.
From a perusal of the affidavit of compliance, the Court notes that although final orders for eviction have been passed, the revenue authorities have found that a civil suit in which the Gaon Sabha is a party is pending before the Court of Civil Judge (Junior Division), Ghazipur and upon which an order of injunction operates.
In view of the above, the opposite party takes the position that final orders under Section 67 cannot possibly be executed during the currency of the injunction. Sri Upadhyay states that subject to the decision that may be rendered in the civil proceedings and in case the claim of the Gaon Sabha is upheld, the order of eviction shall be enforced in accordance with law.
The petition shall stand disposed of in light of the statement recorded above.
Order Date :- 1.5.2018 LA/-
Gulab Charan
Sri K. Balaji
Yashwant Varma
As recorded by the court registry
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