Surendra Kumar Vishwakarma v. State of U. P. Thru Prin. Secy. Revenue Civil Sectt. & 3 Ors.
2012-11-01
SAEED-UZ-ZAMAN SIDDIQI
body2012
DigiLaw.ai
Saeed-Uz-Zaman Siddiqi, J.— Heard learned counsel for the petitioner as well as learned counsel for the opposite party No. 1 & 2. 2. By means of this writ petition, petitioner has sought for writ in the nature of mandamus commanding Learned Civil Judge (Junior Division), Akbarpur, District-Ambedkar Nagar to decide the application for temporary injunction Under order 39 rule 1 & 2 C.P.C. in filing Regular Suit No. 560 of 2012, which is pending before the learned Trial Court. 3. A perusal of the copy of the plaint shows that the petitioner has filed a suit before the learned Trial Court that he has inherited the disputed property from his maternal grandmother, which was lying abandoned after her death on the basis of registered will dated 23.07.2005. The defendants are interfering in the possession of the plaintiff, hence the suit was filed on 24.09.2012. The learned trial court has not issued any interim relief. The petitioner has filed photographs to show that the defendants are raising construction over the disputed property. 4. The allegations contained in the plaint shows that urgent and emergent situations are prevailing and the learned trial court is sitting idle and, therefore, making the provisions contained in order 39 rule 1 & 2 C.P.C. redundant. 5. The petition is accordingly disposed of with a direction to the learned Civil Judge (Junior Division), Akbarpur, District- Ambedkar Nagar to take quick decision and pass emergent orders for preservation of property in such a fashion that the multiplicity of proceedings may be avoided and, the aggrieved party may not be compelled to take recourse of illegal means by taking law into his own hands which will lead to chaos,? in view of the law laid down by the Hon'ble Apex Court in the case of Gurudev Kaur & Ors. v. Kaki & Ors., AIR 2006 SC1975:2006 SCFBRC 385, the Hon'ble Apex Court has given a note of caution to such orders which are stagrriatic on the justice delivery system in the mind of the public at large and has held; "Judges must administer law according to the provisions of law. It is the bounden duty of Judges to discern legislative intention in the process of adjudication.? Judges administered according to individual's whim, desire, inclination and notion of justice would lead to confusion, disorder and chaos." Petition disposed of. _____________