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2015 DIGILAW 404 (UTT)

KAVETA CHAUDHARY v. CHANCHAL KUMAR MUKHERJEE

2015-08-18

SERVESH KUMAR GUPTA

body2015
JUDGMENT Hon’ble Servesh Kumar Gupta, J. 1. Having heard learned Counsel of the petitioner as well as learned Counsel of the contesting respondent no. 1/plaintiff Chanchal Kumar Mukharjee, it transpires that Original Suit No. 146/2015 was instituted by the plaintiff against the petitioner as well as two other co-owners, namely, Kapil Chaudhary and Smt. Kanchan Chaudhary, who are respectively the real brother and sister of the petitioner. The property is Inder Kutir Guest House, situated in Jwalapur, Haridwar and all these sisters and brother are the co-owners of the same. This property was leased in 2012 for a certain amount and such lease was renewable from year to year with a break of 15 days every time. The plaintiff uses such property as a guesthouse for pilgrims. 2. It is also relevant to note that a partition suit is pending amongst all the brother and sisters, as have been named above, regarding the same property. As per the oral contention of learned Counsel of the plaintiff/respondent no. 1, instantly the lease is effective from 3.4.2015 to 17.3.2016, but feeling aggrieved with the disturbances in his possession, the plaintiff Chanchal Kumar Mukharjee instituted the suit as above. 3. Learned Trial Judge issued notices fixing 9.7.2015 for hearing the injunction application 7C2, apart from fixing 25.7.2015 for filing the written statement and 31.7.2015 for framing the issues. 4. Further an application 10C dated 29.5.2015 was moved on 30.5.2015 by the plaintiff Chanchal Kumar Mukharjee under Section 151 C.P.C. with the facts that Km. Kaveta Chaudhary has somehow got the information of launching this civil suit and this fact has aggravated her much. She has openly extended the threat to dispossess Chanchal Kumar Mukharjee in the forthcoming summer vacations when the Civil Courts remain closed. Since such vacations are within an ace of two days, so contemplating the imminent threat of dispossession, the learned Civil Judge entertained such application. Incidentally, Km. Kaveta Chaudhary also turned up before the Court to resist such application and due hearing was rendered to her Counsel. 5. Learned Trial Judge issued an ad interim injunction till the injunction application 7C2 is finally disposed of by the Court. 6. Incidentally, Km. Kaveta Chaudhary also turned up before the Court to resist such application and due hearing was rendered to her Counsel. 5. Learned Trial Judge issued an ad interim injunction till the injunction application 7C2 is finally disposed of by the Court. 6. Learned Counsel of the petitioner has submitted that although Section 151 C.P.C. confers the inherent powers on the Civil Court, but at the same time, adopting such practices as a bypass to take the relief from the Court, when the same relief was denied two days back, is not a healthy practice for the judicial propriety. 7. It may be true as a principle, but weighing the exigencies of the circumstances and the situations which could have been inferred by the learned Trial Judge on account of forthcoming summer vacations within an ace of two days and taking into consideration the threat perception on the part of Km. Kaveta Chaudhary to Mr. Chanchal Kumar Mukharjee within a span of 26.5.2015 to 30.5.2015 (till the time the application was moved), it is difficult to keep the hands of Trial Judge tied up restraining it from entertaining such an application. 8. It has been admitted by learned Counsel of both the parties that now the injunction application has finally been heard by the learned Trial Judge on merits and the decision is awaited. 9. In view of what has been stated above, I find no force in this petition. It is hereby dismissed.