Sarjoo Prasad [U/A 227] v. Court of Civil Judge (Junior Division) Ist Faizabad
2015-06-26
RAM SURAT RAM (MAURYA)
body2015
DigiLaw.ai
JUDGMENT Ram Surat Ram (Maurya), J. Heard counsel for the petitioner. 2. The writ petition has been filed for mandamus directing Civil Judge(Junior Division) I, Faizabad to decide the application for interim injunction filed in Regular Suit No.165 of 2009 (Sarjoo Prasad vs. Rameshwar Prasad and others). 3. The petitioner filed a suit for permanent injunction restraining the defendants from interfering in his peaceful possession over sahan land as well as demolishing the construction and cutting trees standing over it. The petitioner has also filed an application for interim injunction along with the plaint. The defendants were caveators and notices were served upon them. The trial court has granted time for filing objection in the application for interim injunction but since 2009 no order has been passed on it. Thereafter the petitioner again filed an application dated 27.10.2014 for passing interim order but no order has been passed. Now 8th August, 2015 is the date fixed before the trial court. Taking advantage of the summer vacation in civil court, the respondents tried to take forcible possession over the land in dispute, which was resisted by the family members of the petitioner and they were severely beaten by them and suffered grievous injuries in the incident dated 17.6.2015. In such circumstances looking to the urgency of the matter, the writ petition has been filed. The petitioner has also filed medical certificates relating to Km. Kirti, daughter of the petitioner and Smt. Shyama Devi, wife of the petitioner. 4. Without entering into the various controversies raised by the petitioner in the writ petition, the writ petition is disposed of with the direction to Civil Judge(Junior Division) I, Faizabad to pass a final order on the application for interim injunction filed by the petitioner either on the next date fixed in the case or if for any reason the case is adjourned on that day, then within a period of one month thereafter. 5. Till disposal of the application for interim injunction the parties shall maintain status quo on the spot and shall not create any hindrance in the peaceful possession of the petitioner over it.