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2010 DIGILAW 2143 (ALL)

GOPAL DAS v. WAJID HUSAIN

2010-07-22

S.P.MEHROTRA, S.S.TIWARI

body2010
JUDGMENT By the Court.—The present Appeal has been filed by the defendants-appellants against the Order dated 15.6.2010 whereby an Injunction Order has been granted in favour of the plaintiffs-respondents in a Suit being Original Suit No. 360 of 2010 filed by the plaintiffs-respondents against the defendants-appellants. 2. It appears that the plaintiffs-respondents filed the aforesaid Original Suit No. 360 of 2010 against the defendants-appellants, inter alia, praying for a decree of permanent injunction against the defendants-appellants restraining the defendants-appellants, their servants, agents, relatives etc. from interfering in any manner whatsoever with the portion of Plot No. 1871 marked by the Letters M.L.J.E. in the Plaint-Map, belonging to the plaintiffs-respondents, or with the Kachcha Rasta marked by the Letter C.B.I.H.G.F.M.E. in the Plaint-Map, and further restraining the defendants-appellants from digging any foundation in the said Kachcha Rasta or from including the said Kachcha Rasta or the said plot of the plaintiffs-respondents in plotting being done on Plot No. 1875, and further restraining the plaintiffs-respondents from interfering in the construction work being done by the plaintiffs-respondents on the portion of Plot No. 1871 marked by the Letters M.L.J.E. in the Plaint-Map, belonging to the plaintiffs-respondents. 3. It further appears that an Injunction Application being Application No. 6 C2 was also filed by the plaintiffs-respondents in the said Suit. 4. On the said Injunction Application, the Trial Court has passed an Order dated 15.6.2010 granting ex parte injunction in favour of the plaintiffs-respondents restraining the defendants-appellants from interfering in the construction work being done by the plaintiffs-respondents on the portion of Plot No. 1871 and further directing the parties to maintain status quo as regards the Rasta. Further, notice was directed to be issued to the defendants-appellants for filing Objections against the Injunction Application. 5. The defendants-appellants have filed the present Appeal against the said Order dated 15.6.2010. 6. We have heard Shri A.K. Gupta, learned counsel for the defendants-appellants and Shri S.C. Kesarwani, learned counsel for the plaintiffs-respondents, and perused the record. 7. Further, notice was directed to be issued to the defendants-appellants for filing Objections against the Injunction Application. 5. The defendants-appellants have filed the present Appeal against the said Order dated 15.6.2010. 6. We have heard Shri A.K. Gupta, learned counsel for the defendants-appellants and Shri S.C. Kesarwani, learned counsel for the plaintiffs-respondents, and perused the record. 7. Shri A.K. Gupta, learned counsel for the defendants-appellants, and Shri S.C. Kesarwani, learned counsel for the plaintiffs-respondents have jointly stated that instead of going into the merits of the Appeal, the Appeal may be disposed of giving directions to the Trial Court for deciding the Injunction Application within a period specified by this Court, and directing the parties to maintain status quo as regards the Rasta in question, and further directing the plaintiffs-respondents to restrain from making any further construction on the disputed portion of the land and also restraining the defendants-appellants from making any plotting or construction over Plot No. 1875 in the meantime. 8. In view of the statement made by the learned counsel for the parties, we are disposing of the present Appeal, without going into the merits thereof, by giving the following directions : (1) The defendants-appellants will file their Objections/Counter-affidavit against the aforesaid Injunction Application on or before 5.8.2010. (2) The plaintiffs-respondents will file their Rejoinder Affidavit in reply to the Objections/Counter-affidavit filed on behalf of the defendants-appellants, by 18.8.2010. (3) The Trial Court will thereafter proceed to decide the Injunction Application expeditiously, and in any case, by 7th September, 2010. (4) Till 13th September, 2010 or till the disposal of the Injunction Application, whichever is earlier, the parties will abide by the following directions: (a) The parties will maintain status quo as of date in regard to the Rasta in question. (b) The plaintiffs-respondents will not make any further construction over the disputed portion of the land. (c) The defendants-appellants will not make any plotting or further construction on Plot No. 1875. 9. We order accordingly. 10. Certified Copy of this Order will be provided to the learned counsel for the parties within three days, on payment of usual charges. ————