Allahabad High Court
Urmila vs Prabha And 6 Others on 29 March, 2023
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 5
Case :- MATTERS UNDER ARTICLE 227 No. - 4666 of 2019
Petitioner :- Urmila
Respondent :- Prabha And 6 Others
Counsel for Petitioner :- Dinesh Kumar Singh
Counsel for Respondent :- Pradeep Singh
Hon'ble Prakash Padia,J.
The petitioner has preferred the present petition, inter alia, with the following prayers.
(i) set-aside the judgment and order dated 13.05.2019 (Annexure-5) passed by District Judge, Azamgarh, in Misc. Civil Appeal No. 10 of 2019 (Urmina Vs. Prabha and others) and order dated 25.03.2019 (Annexure-4) passed by Civil Judge (J.D.)/FTC, Azamgarh, in Original Suit No. 2426 of 2018 (Urmila Vs. Prabha and others).
(ii) pass appropriate order or direction to restrain the defendants/respondents 1st parties from interfering in peaceful possession of the plaintiff-petitioner over the suit land, and maintain status quo on spot during pendency of above noted Original Suit before the court below otherwise, the Plaintiff/petitioner shall suffer irreparable loss and injury.
It is argued that though initially in the suit filed by the plaintiff/petitioner, an ex-parte interim protection was granted in his favour by the trial court on 14.9.2018, but the same was rejected while deciding the same vide order dated 25.03.2019.
Aggrieved against the aforesaid order, Misc. Civil Appeal No. 10 of 2019 (Urmila Vs. Prabha and others) was filed by the present petitioner, which was also dismissed by the appellate court vide order dated 13.05.2019.
Aggrieved against the aforesaid orders, the petitioner has preferred the present petition. It is argued that the petitioner is in possession over the land in dispute as her Sehan after constructing boundary wall and rest land is being used as agricultural land.
After hearing learned counsel for the parties, the present petition was duly entertained and the following interim protection was granted in favour of the petitioner on 11.7.2019. The order dated 11.07.2019 reads as under:
"Supplementary affidavit filed today is taken on record.
It is urged that the petitioner is co-tenure holder of Khasra No. 942 whereas, Khata No. 940 which belonged to defendant respondents had gone in road. In support of the said contention, learned counsel for the petitioner has placed reliance on CH Form 41. He further submitted that the sajra plan, which has been prepared is incorrect and the petitioner has already applied for its corrections and these proceedings are pending.
The matter requires consideration.
Sri Pradeep Singh appearing on behalf of respondents Ist set prays for and is granted three weeks time to file counter affidavit.
Issue notice to the respondent Nos. 5 & 6, fixing a date in the 2nd week of August 2019.
Steps shall be taken by registered post within a week.
They shall also file counter affidavit by the next date.
Having regard to the facts of the case and the submissions made, the parties shall maintain status quo as of date in respect of the suit property till the next date of listing."
It is not in dispute that the correction application filed by the petitioner is still pending. After some argument, learned counsel for the parties submitted that the present petition be disposed of directing the trial court namely Civil Judge (J.D.)/FTC, Azamgarh, to decide Origiinal Suit No. 2426 of 2018 (Urmila Vs. Prabha and others), expeditiously.
After hearing learned counsel for the parties, the present petition is disposed of with their consent, directing the trial court namely Civil Judge (J.D.)/FTC, Azamgarh, to decide Origiinal Suit No. 2426 of 2018 (Urmila Vs. Prabha and others), strictly in accordance with law most expeditiously and without granting any unnecessary adjournment unless there is no legal impediment. However, it is made clear that the interim protection granted by this Court, will continue till disposal of the aforesaid suit.
Order Date :- 29.3.2023
S.K.S.
