Ram Jiyawan v. Paltu
Case brief
What is this about?
Matter under Article 227 where the High Court upheld an appellate order directing the trial court to decide an application for impleadment before granting permanent injunction, ordering fresh decisions within three months.
What did the court decide?
Trial Court directed to pass fresh appropriate orders on the injunction application within three months after giving opportunity of hearing to the Gram Panchayat and State.
What the court decided
Court No. - 10
Case :- MATTERS UNDER ARTICLE 227 No. - 514 of 2021
Petitioner :- Ram Jiyawan Respondent :- Paltu Counsel for Petitioner :- Ram Mani Upadhyay,Abhitosh Mishra
Hon'ble Prakash Padia,J.
Supplementary affidavit filed today is taken on record.
The petitioner has preferred the present petition inter-alia with the prayer to quash the order dated 16.12.2020 passed by the Additional District Judge/Special Judge (E.C. Act)-IV, Basti in Civil Appeal No.50 of 2018 (Paltu Vs. Ram Jiyawan).
Facts in brief as contained in the petition are that the petitioner is bhumidhar with transferable right over the land being Gata No.332, measuring 0.5670 hectare situated at village Madanpur, Tappa Hardi, Pargana Basti Paschim, Tehsil Harraiya, District Basti.On 29.04.2018, the respondent along with some person tried to construct over the aforesaid plot. Thereafter, on 02.05.2018 the petitioner filed a suit being Original Suit No.829 of 2018 (Ram Jiyawan Vs. Paltu) before the Court of Civil Judge, (Junior Division) Basti for permanent injunction.
It is argued that in the aforesaid suit a temporary injunction was granted by the trial court in favour of the petitioner on 15.10.2018. Aggrieved against the aforesaid order, the defendant/respondent filed a Misc. Appeal No.50 of 2018. In the said appeal, the injunction granted by the trial Court was set aside and further directions were given to the trial Court to first, decide the application No.37 क 2 and thereafter pass appropriate orders on the application for grant of injunction being Paper No.6 ग.
Issues for consideration
1 issue framed by the court
Whether injunction should be granted before deciding the application for impleadment of additional defendants.
Parties & counsel
- petitioner
Ram Jiyawan
- respondent
Paltu
Coram
Prakash Padia
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- A227/514/2021
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