Thakur Govind Dev Ji Maharaj ... vs Shri Thakur Rangji Maharaj ...
2023 Latest Caselaw 12135 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 2546 of 2023
 

 
Petitioner :- Thakur Govind Dev Ji Maharaj Virajman Mandir And Another
 
Respondent :- Shri Thakur Rangji Maharaj Virajman Mandir
 
Counsel for Petitioner :- Swapnil Kumar,Devesh Mohan,Sudhanshu Kumar
 
Counsel for Respondent :- Kalpana Sinha
 

 
Hon'ble Prakash Padia,J.

Heard Shri Sudhanshu Kumar, learned counsel for the plaintiff-petitioners and Shri Naveen Sinha, learned Senior Counsel assisted by Shri Utkarsh Srivastava and Ms. Kalpana Sinha, learned counsel for the respondent.

The petitioner has preferred the present petition inter-alia with the following prayer:-

"I. To set aside the judgment and order passed by Additional District Judge, Court No. 10, Mathura in Misc. Civil Appeal No. 63 of 2007 Shri Thakur Rangji Maharaj Virajman Mandir. (Annexure No. 3 to this petition.)"

It is argued that in the suit filed by the plaintiffs-petitioners for the grant of mandatory injunction, an injunction was granted only in respect of the status quo by the trial court on 28.03.2007.

Aggrieved against the aforesaid, Misc. Appeal No. 63 of 2007 was filed by the defendant-respondent which was allowed by the Additional District Judge, Court No.10, Mathura vide its judgment and order dated 18.10.2022. By the aforesaid order injunction granted in favour of the plaintiffs-petitioners dated 28.03.2007 was cancelled.

It is argued that though against the grant of injunction dated 28.03.2007, the Misc. Appeal was filed in the year 2007 itself but no interim order was granted by the appellate court, staying the effect and operation of the order passed by the trial court at any point of time before the aforesaid judgment was delivered. It is further argued by the counsel for the plaintiff-petitioners that they are in peacefull possession over the property in dispute.

It is argued by Shri Naveen Sinha, learned Senior Counsel that according to the findings recorded by the trial court it is a defendant who is in possession of the property in dispute.

In the facts and circumstances of the case and with the consent of counsel for the parties, the present petition is disposed of finally directing the court below namely Civil Judge (Senior Division), Mathura or before whom the suit is pending to decide Original Suit No. 550 of 2004 (Thakur Govind Dev Jee Maharaj and another vs. Thakur Rangji Maharaj), most expeditiously and positively within a period of six months from today. Since interim injunction granted in favour of the plaintiff-petitioner in the year, 2007 was continued till 2022, as aggrieved by the counsel for the parties the same will continue till the disposal of the aforesaid suit.

It is made clear that status quo will continue only in respect of the possession of the property in dispute and court below will fixed short date in the matter and parties will not take any unnecessary adjournment.

Copy of the aforesaid order will be communicated by the Registrar Compliance to the court concerned namely Civil Judge (Senior Division), Mathura through the District Judge, Mathura within a week.

Order Date :- 20.4.2023

Swati