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2021 DIGILAW 375 (ALL)

Ram Kewal v. Civil Judge (J. D. ) A. Nagar

2021-03-09

AJAY BHANOT

body2021
ORDER : Ajay Bhanot, J. 1. The petitioner instituted a suit for partition of ancestral property between him and his brother who was arrayed as the sole defendant in the suit. The suit was registered as Civil Suit No. 132 of 2021 (Ram Kewal v. Dal Singar). An application for interim injunction registered as Application No. 7-C(2) under Order 39 Rules 1 and 2 of the C.RC. was also filed along with the plaint. The aforesaid application for interim injunction dated 30.01.2021 has not been decided till date. 2. The only prayer made by Sri Rajesh Kumar Shukla, learned counsel for the petitioner is that the application for interim injunction registered as Application No. 7-C(2) under Order 39 Rules 1 and 2 of the C.RC may be decided within a stipulated period of time. 3. Sri Rajesh Kumar Shukla, learned counsel for the petitioner further contends that the respondent/defendant is trying to alter the nature of the property by raising constructions. In case actions of the respondent/defendant go unchecked, the cause of action of the suit would stand extinguished and the remedy before the learned trial court/learned Civil Judge (Junior Division), Ambedkar Nagar would become illusory. 4. An application for interim relief has to be decided expeditiously by the learned trial court in accordance with law, since the delay in deciding such application will defeat its purpose and in many cases such delay may cause miscarriage of justice. Prima facie, this case appears to be one of that category. The plaint discloses that the disputed property is the ancestral property of the plaintiff and the defendant in the suit. The property has not been partitioned. The defendant/respondent is trying to unilaterally alter the nature of the property by erecting constructions. 5. Prima facie, this case appears to be one of that category. The plaint discloses that the disputed property is the ancestral property of the plaintiff and the defendant in the suit. The property has not been partitioned. The defendant/respondent is trying to unilaterally alter the nature of the property by erecting constructions. 5. Considering the facts of this case and the submission of the learned counsel for the parties, ends of justice will be subserved by issuing the following directions to the learned trial court/learned Civil Judge (Junior Division), Ambedkar Nagar, or before whom the interim injunction application is pending: I. The learned trial court/learned Civil Judge (Junior Division), Ambedkar Nagar shall decide the application for interim injunction registered as Application No. 7-C(2) under Order 39 Rules 1 and 2 of the C.RC in Civil Suit No. 132 of 2021 (Ram Kewal v. Dal Singar) within a period of three months from the date of production of a computer generated copy of this order downloaded from the official website of the High Court of Judicature at Allahabad. The computer generated copy of such order shall be self attested by the party concerned. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. II. The learned trial court/learned Civil Judge (Junior Division), Ambedkar Nagar, shall ensure that all parties to the lis are heard before any order is passed on the said application. III. All parties to the lis are directed to cooperate in the proceedings before the learned trial court/learned Civil Judge (Junior Division), Ambedkar Nagar. IV. In case any party does not cooperate in the proceedings before the learned trial court/learned Civil Judge (Junior Division), Ambedkar Nagar, or adopts dilatory tactics, the learned trial court/learned Civil Judge (Junior Division), Ambedkar Nagar, shall record a finding to this effect and proceed in accordance with law. V. The learned trial court/learned Civil Judge (Junior Division), Ambedkar Nagar, shall not grant any unnecessary adjournment to the parties. VI. In case any adjournment is granted in the interest of justice, the learned trial court/learned Civil Judge (Junior Division), Ambedkar Nagar, shall impose costs not below Rs. 5,000/- for each adjournment upon the party seeking adjournment. VII. V. The learned trial court/learned Civil Judge (Junior Division), Ambedkar Nagar, shall not grant any unnecessary adjournment to the parties. VI. In case any adjournment is granted in the interest of justice, the learned trial court/learned Civil Judge (Junior Division), Ambedkar Nagar, shall impose costs not below Rs. 5,000/- for each adjournment upon the party seeking adjournment. VII. If necessary, the learned trial court/learned Civil Judge (Junior Division), Ambedkar Nagar, may proceed with the hearing on a day to day basis to ensure that the above time period of three months is strictly adhered to. 6. The parties shall maintain status quo till the application for interim injunction is decided by the learned trial court/learned Civil Judge (Junior Division), Ambedkar Nagar. 7. The learned trial court/learned Civil Judge (Junior Division), Ambedkar Nagar shall decide the application for interim injunction independently and will not be influenced by any observation in this order and the fact that the interim relief has been granted till the disposal of the application for interim injunction on merits. 8. With the aforesaid directions, the petition is finally disposed of.