Chhotey Lal @ Chhotai Vs Vakeel Ahmad and 124 Others

Court No. - 40

Case :- MATTERS UNDER ARTICLE 227 No. - 6553 of 2019

Petitioner :- Chhotey Lal @ Chhotai Respondent :- Vakeel Ahmad And 124 Others Counsel for Petitioner :- Om Prakash Yadav

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Hon'ble Manoj Kumar Gupta,J.

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The prayer made in the instant petition is for issuing direction to the trial court to decide application for temporary injunction Paper No.6-C in Original Suit No.280 of 1997 within a specified time frame. The petitioner has also prayed for direction to the court below to pass appropriate orders directing the parties to maintain status quo till the disposal of the suit.

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According to the petitioner, who has instituted the suit, the same was decreed exparte but subsequently on an application filed by the defendants, the exparte decree was set aside. It is also the case of the petitioner that initially, an order of temporary injunction dated 27.5.1998 was operating in favour of the petitioner but at the time of setting aside the exparte decree and restoring the suit to its original number, the trial court did not pass any specific order restoring the order of temporary injunction. The defendants, taking benefit of the same, are bent upon raising constructions over the suit property. The petitioner had therefore filed an application on 29.5.2019 praying that the order dated 27.5.1998 be extended. It seems that the said application has yet not been disposed of, nor the application Paper No.7-C.

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Accordingly, the instant petition is disposed of with direction to the trial court to proceed to decide the application 7-C as well as application filed by the petitioner dated 29.5.2019 expeditiously, preferably within a period of six weeks from the date of receipt of certified copy of this order, provided there is no legal impediment.

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(Manoj Kumar Gupta, J.)

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Order Date :- 5.9.2019 skv

Chhotey Lal @ Chhotai v. Vakeel Ahmad and 124 Others

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Chhotey Lal @ Chhotai v. Vakeel Ahmad and 124 Others

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