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2024 DIGILAW 156 (PAT)

Upendra Kumar @ Upendra Roy v. Ashok Rai

2024-02-02

ARUN KUMAR JHA

body2024
Arun Kumar Jha, J. – The matter has been taken up on mentioning being made on behalf of the petitioner. 2. The petitioner is aggrieved by the order dated 23.11.2023 passed by learned Subordinate Judge-I, Sonepur, Saran in Title Suit No. 235 of 2023. 3. Learned counsel for the petitioner submits that the defendant/petitioner was restrained from making construction over the suit property and parties were directed to maintain status quo without hearing the defendant/petitioner. No notice was issued as is reflected from the copy of the order sheet attached with the present petition. Learned counsel prays that the impugned order be stayed and notice be issued to the respondents. 4. The order sheets dated 24.08.2023, 29.09.2023, 03.11.2023 and 23.11.2023 are quoted herein-below, which read as under: – ^^24-08-2023 ;g okn vkt xzg.k ds fcUnq ij lquokbZ gsrq fuf'pr gSA okn iqdkjk x;kA iqdkj ij oknh ds fo}ku vfèkoDrk U;k;ky; esa mifLFkr gq,A xzg.k ds fcUnq ij lqukA okn dk voyksdu fd;kA okn ds voyksdu ls Kkr gksrk gS fd oknh }kjk =qfV dk lqèkkj dj fy;k x;k gSA vr% okn dks xzg.k djrs gq, oknh dks funsZ'k fn;k tkrk gS fd oknh vfxze frfFk dks ryokuk ds lkFk visf{kr nkf[ky djsA okn fnukad 29-09-2023 dks vkisf{kr gsrqA gLrk{kj vLi"V 29-09-2023 Mkd jlhn nkf[ky fd;k x;kA okn fnukad 01-11-2023 ,l@vkj gsrqA gLrk{kj vLi"V 03-11-2023 Plaintiff Pairvi filed. Heard. Office issue show cause to defendant. Put up on 23.11.2023. Sd-/ Illegible 23-11-2023 oknh dh gktjh rFkk Mkd jlhn ,oa lkcwr ds lkFk fookfnr tehu ij gks jgs fuekZ.k dk;Z dk QksVksxzkQ nkf[ky fd;k x;k vkSj fuosnu fd;k x;k fd eqnkygu eqdnek dh tkudkjh ds ckotwn U;k;ky; ugha vkdj fookfnr tehu ij rkŒ tcjnLrh fuekZ.k dk;Z djuk 'kq: fd;k x;kA lquk vkSj vfHkys[k dk voyksdu fd;kA vr% eqnkyg dks vkns'k fn;k tkrk gS fd eqnkyg ds mifLFkfr rd fookfnr tehu ij fuekZ.k ugha djs rFkk ;FkkfLFkfr cuk, j[ksA mHk; i{k vkns'k dk ikyu djsA okn fnukad 2-12-2023 okLrs dkj.k i`PNkA gLrk{kj@& vLi"V 5. From perusal of order dated 24.08.2023, it appears that the plaintiffs were directed to file requisites with Talbana and thereafter, postal receipts were filed on 29.09.2023 which goes on to show that notice was issued to the defendant/petitioner and postal receipts were filed on record. From perusal of order dated 24.08.2023, it appears that the plaintiffs were directed to file requisites with Talbana and thereafter, postal receipts were filed on 29.09.2023 which goes on to show that notice was issued to the defendant/petitioner and postal receipts were filed on record. Further, order dated 03.11.2023 shows show cause was directed to be issued to the defendant and again from the order dated 23.11.2023 it appears that postal receipts were filed on record. If notice was issued upon the defendant, the defendant cannot take this plea that no notice was issued. It further transpires from the order dated 23.11.2023 that the defendant was restrained from making further construction over the suit property and was directed to maintain status quo till his appearance. Thus, it is very much clear from the order dated 23.1.1.2023 that as soon as the defendant/petitioner appears before the learned trial court, learned trial is duty bound to hear the defendant/petitioner and pass order on injunction petition. 6. Since final order is yet to be passed on the injunction petition as it appears from the order sheet annexed by the defendant/petitioner, I think the present petition is premature and hence, it is disposed of as such with liberty to the petitioner to raise all issues before the learned trial court and the learned trial court is directed to pass a reasoned order on the injunction application after hearing the parties.