Parwati Devi vs Panchdev
2022 Latest Caselaw 9630 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- WRIT - C No. - 67276 of 2014
 

 
Petitioner :- Parwati Devi
 
Respondent :- Panchdev
 
Counsel for Petitioner :- Kameshwar Chaubey,Surendra Kumar
 
Counsel for Respondent :- Mohd. Naushad,Shamasul Eslam
 

 
Hon'ble J.J. Munir,J.

This case was mentioned in the morning by Mr. Shamasul Eslam, learned counsel appearing on behalf of the defendant-respondent.

Heard Mr. Satendra Kumar, Advocate holding brief of Mr. Surendra Kumar, learned counsel for the petitioner and Mr. Shamsasul Eslam, learned counsel for the respondent.

In Original Suit No. 603 of 2012, temporary injunction absolute was granted by the learned Second Additional Civil Judge (Senior Division), Ballia vide order dated 09.10.2012, directing both parties to maintain status quo on the spot. This order was appealed by the defendant-respondent Panchdev to the learned District Judge, Ballia vide Misc. Civil Appeal No. 179 of 2012. The said appeal was allowed by the learned Additional District Judge, Court No. 1 Ballia vide judgment and order dated 15.11.2014 with a remand to the trial Court to re-determine the temporary injunction application. The aforesaid order has been questioned in the present writ petition. This Court vide order dated 17.01.2015 issued notice to the respondents and directed the parties to maintain status quo with regard to the nature of and possession over the land in dispute till the next date of listing, as existing on the day this Court passed orders .

Apart from the question of maintainability of the present writ petition under Article 226 of the Constitution against an order of the Civil Court which apparently does not lie in view of the decision of the Supreme Court in Radhey Shyam and another vs. Chhabi Nath and others (2015) 5 SCC 423, it is brought to the notice of this Court that the plaintiff-petitioners have withdrawn the suit with liberty to institute afresh on the same cause of action. In this regard, application made by the plaintiff-petitioner dated 26.07.2018 before the Trial Court and the order passed thereon, dated 13.08.2018 have been brought to this Court's notice. A copy each of the application and the order are annexed as Annexure Nos. CA-4 and 5 respectively to the Counter affidavit.

The fact that the suit has been withdrawn with liberty to institute afresh has not been denied by the learned counsel appearing on behalf of the petitioner.

In this view of the matter, this petition has become infructuous. It is, accordingly, dismissed as infructous.

Order Date :- 8.8.2022

Deepak