Fareed Khan and another vs Prem Prakash Kapoor

By means of present writ petition, the petitioners seek following reliefs, among others:

(i) Issue a writ, order or direction in the nature of certiorari quashing in part the order dated 10.03.2017, passed by learned VII Addl. District Judge, Dehradun, in misc. civil appeal no. 10 of 2017, Fareed Khan and another vs Prem Prakash, whereby the stay application filed by the petitioners has been dismissed. (ii) To allow the application for stay filed by the petitioners before the learned lower appellate court alongwith memo of appeal.

2) Plaintiff-respondent filed a suit for permanent prohibitory injunction against the defendants-petitioners for permanent prohibitory injunction in respect of suit property alongwith an

application under Order 39 Rule 1&2 C.P.C. for obtaining temporary injunction, which was dismissed by the trial court vide order dted 03.03.2017. The same was challenged by way of filing a misc. civil appeal. During the pendency of misc. civil appeal, a stay application was filed by defendants-petitioners. Such application was dismissed vide order dated 10.03.2017. Hence, present writ petition.

3) It is the submission of learned counsel for the respondent that respondent is not interfering in khasra no. 55-A, which belongs to the defendants- petitioners. According to learned counsel for the respondent, the respondent is owner in possession of khasra no. 55-D (old no. 49). Relief has been sought by the plaintiff-respondent in respect of khasra no. 55-D (old khasra no. 49).

4) Learned counsel for the parties have informed this Court that the misc. civil appeal is listed for 21.03.2017 for arguments and a direction be given to the learned lower appellate court to hear the arguments on 21.03.2017 and decide the misc. civil appeal at the earliest possible, in accordance with law.

5) Learned counsel for the parties agree that the both the parties shall maintain status quo on the suit property till 22.03.2017.

6) The Court records the aforesaid statement of learned counsel for the parties. Recording said statement, the writ petition is disposed of.

7) The misc. civil appeal no. 10 of 2017, Fareed Khan and another vs Prem Prakash shall stand transferred to the court of District Judge, Dehradun, who shall make an endeavour to hear the said appeal, on merits, on 21.03.2017 and shall try to decide said appeal at the earliest possible, in accordance with law.

8) Registry is directed to send a copy of this order to the District Judge, Dehradun forthwith. Learned counsel for the parties in present writ petition shall inform the learned counsel for the parties, who are contesting the case before the lower appellate court, to appear before the District Judge, Dehradun on 21.03.2017.

9) Let certified copy of this order be supplied to learned counsel for the parties today itself on payment of usual charges.