Sadab And 3 Others vs State Of U.P. And 2 Others
2013 Latest Caselaw 1598 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 
Case :- MATTERS UNDER ARTICLE 227 No. - 1263 of 2013
 
Petitioner :- Sadab And 3 Others
 
Respondent :- State Of U.P. And 2 Others
 
Petitioner Counsel :- Joveen Singh
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Sibghat Ullah Khan,J.

The grievance of the petitioners who are  four in number and plaintiffs in O.S. no.227 of 2012 Sadab and others Vs. Smt. Rehana Khatoon and others is that temporary injunction application filed by them in the said suit is not being decided. Copy of the plaint is Annexure 2 to the writ petition. Plaintiffs are described to be minors aged in between 5 to 10 years. They are sons and daughters of defendant no.1, Smt. Rehana Khatoon. The suit has been filed by Mohd. Hanif as guardian of minor plaintiffs, who claims to be  their Tau (elder brother of  Yusuf deceased father of the children i.e. husband of defendant no.1). It is inconceivable that children of the ages of 5, 6,8 and 10 years would be residing with the uncle and not with the mother. The suit on the face of it appears to be an attempt by the brother of the deceased husband of defendant  respondent no.1, Smt. Rehana Khatoon to grab the property. Accordingly, no such direction can be issued that temporary injunction application filed in the said suit shall be decided expeditiously. On the contrary Civil Judge (J.D.), Moradabad is directed to direct Mohd. Hanif to file his affidavit that  the children are residing. with him. If the affidavit is not filed plaint shall be rejected as not being presented by proper next friend of the minor plaintiffs. However, if the affidavit is filed then he must be directed to produce all the four children in court failing which also suit shall be dismissed.

Writ petition is disposed of.

Office is directed to send a copy of this order to Civil Judge (J.D.) Moradabad immediately.

Order Date :- 2.5.2013/vkg