Disposed

Prem Chand Sharma v. Nagar Nigam Mathura Vrindavan Mathura and 7 Others

Allahabad HC27 Sept 2024A227/10696/2024

Case brief

AI extract

What is this about?

Plaintiff in a suit against Nagar Nigam Mathura sought directions for expeditious disposal of his application 7C along with status quo. The High Court directed the Civil Judge to decide the defendants' Order VII Rule 11 CPC application within a month, then application 7C, and restrained respondents from creating third-party rights meanwhile.

What did the court decide?

Trial court directed to decide Order VII Rule 11 application first within one month, then 7C; respondents 1 and 2 barred from creating third-party rights till disposal of both applications.

Prem Chand Sharma vs Nagar Nigam Mathura Vrindavan… — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:158538

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Court No. - 51

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Case :- MATTERS UNDER ARTICLE 227 No. - 10696 of 2024

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Petitioner :- Prem Chand Sharma Respondent :- Nagar Nigam Mathura Vrindavan Mathura And 7 Others

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Counsel for Petitioner :- Rama Goel Bansal,Shalini Goel Counsel for Respondent :- Dharmendra Singh Chauhan,Harsh Vardhan Gupta

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Hon'ble Neeraj Tiwari,J.

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Heard learned counsel for the petitioner, Sri Harsh Vardhan Gupta, learned counsel or the respondent No. 1 and Sri Dharmendra Singh Chauhan, learned counsel for the respondent No. 2.

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Present petition has been filed with the following prayer:

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"(i) To pass an order directing the parties to maintain status quo in respect of the property in question in regard to nature, possession and title of the property in question til the decision on the application paper no. 7C.

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(ii) To pass an order directing the trial Court to decide the application paper no. 7C as expeditiously as possible within stipulated time."

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Learned counsel for the petitioner submitted that earlier petitioner-plaintiff has filed Original Suit NO. 495 of 2023 (Prem Chandra Sharma Vs. Nagar Nigam Mathura Vrindavan Mathura & Others) along with application 7C. She next submitted that respondents-defendants have also filed application under Order VII Rule 11 CPC on 25.08.2023. Application 7C was heard on many occasions, but respondents-defendants are not appearing in the proceeding, therefore, court has passed order dated 13.05.2024 with observation that defendants are not cooperating in the proceeding and fixed the next date i.e. 24.05.2024 granting last opportunity to defendants to appear. She next submitted that thereafter, defendants started pressing application under Order VII Rule 11 CPC to delay the disposal of application 7C. For speedy disposal petitioner had also submitted his argument upon application under Order VII Rule 11 CPC, but again respondentsdefendants are not appearing to get the proceeding concluded. She lastly submitted that direction may be issued to decide the application 7C at the earliest with the protection of status quo.

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Sri Harsh Vardhan Gupta, learned counsel or the respondent No. 1 opposed the submission made by learned counsel for the petitioner and submitted that it is settled provision that in case application under Order VII Rule 11 CPC is filed in a suit, the same has to be decided first and only thereafter court may proceed to pass further order. He also submitted that respondentsdefendants shall appear on each and every date fixed before the trial Court for disposal of application 7C as well as application under Order VII Rule 11 CPC, pending at there.

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Ultimately, after some argument, with the consent of learned counsel for the parties, petition is disposed of with direction to Civil Judge(Sr. Div.), Mathura to decide the application under Order VII Rule 11 CPC dated 25.08.2023 first in accordance with law, maximum within one month from the date of production of certified copy of this order. In case application under Order VII Rule 11 CPC is rejected, court shall proceed to decide application 7C within one month thereafter.

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Till the disposal of both the applications, respondent Nos. 1 & 2 shall not create any third party right in property in question.

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Order Date :- 27.9.2024 ADY

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Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad

Prem Chand Sharma v. Nagar Nigam Mathura Vrindavan Mathura and 7 Others

Case brief

What is this about?

What did the court decide?

Prem Chand Sharma v. Nagar Nigam Mathura Vrindavan Mathura and 7 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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