Petitioner sought writ for mandamus to stop respondent's construction and direct expeditious adjudication of pending interim injunction application in related civil suit.
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Court No. - 40
Case :- WRIT - C No. - 35108 of 2021
Petitioner :- Jeet Ram And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rahul Saxena Counsel for Respondent :- C.S.C.,Sher Bahadur Singh
Hon'ble Manoj Kumar Gupta,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Rahul Saxena, learned counsel for the petitioners and learned Standing Counsel for the State respondents.
The petitioners have prayed for a mandamus directing the respondents not to make any construction over Gata No. 447, area 0.328 hectare, Village Mavaiya, Tehsil Bisalpur, District Pilibhit and for a further direction to the Civil Judge (Senior Division), Pilibhit to decide the interim injunction application filed by the petitioners in Original Suit No. 199 of 2021.
The case of the petitioners is that the State respondents are making constructions over subject land which belongs to the petitioners.
The petitioners do not dispute that they have already instituted a civil suit. In the said suit, the petitioners have also filed an application for interim injunction in which the trial court has only issued notices to the respondents but no injunction has been granted till date.
The petitioners have already been granted waiver in respect of notice under Section 80 CPC. Since the petitioners have instituted a suit in respect the same subject matter and injunction application is pending, we decline to enter into the merits of the case. However, we consider it proper that the injunction application should be decided expeditiously.
Accordingly, the writ petition is disposed of with the direction to the trial court to decide the injunction application expeditiously without granting unnecessary adjournments.
Order Date :- 10.1.2022 Pratima
(Dr.Y.K.Srivastava,J.) (Manoj Kumar Gupta, J.)
Jeet Ram And Another
State Of U.P. And 5 Others
Manoj Kumar Gupta
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
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