Jagdev Singh vs Sanjay Kumar Verma

By means of present writ petition, the petitioner seeks to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 03.06.2017 (Annexure 1 to the petition), passed by learned District Judge, Haridwar, in Misc. Civil Appeal no. 34 of 2017, Sanjay Kumar Verma vs Jagdev Singh.

Respondent filed a civil suit against the petitioner in the court of Civil Judge (Sr. Div.), Laksar, for a relief of permanent prohibitory injunction in relation to the suit property which has been detailed and specified at the foot of the plaint. An application under Order 39 Rules 1&2 CPC was filed by the plaintiff- respondent, in which an interim order was passed that the plaintiff-respondent be not evicted otherwise than in due course of law. Such an order dated 29.05.2017 was vacated on 31.05.2017 under Order 39 Rule 3 CPC. Plaintiff-respondent filed a misc. civil appeal in the court of District Judge, Haridwar during summer

vacations along with leave to appeal. Such leave was granted and the effect and operation of the order dated 31.05.2017 was stayed by learned District Judge, Haridwar, while sitting in camp court at Roorkee on 03.06.2017. Such order is under challenge in present writ petition.

It is the submission of learned counsel for the petitioner that the defendant has already put his appearance in the suit and 29.07.2017 is fixed for disposal of temporary injunction application and objections thereon, therefore, the misc. civil appeal is not maintainable. Suit property is a public property vested in public utility land and the suit has wrongly been filed against the defendant-petitioner.

Learned counsel for the petitioner confined his prayer only to the extent that the trial court may kindly be directed to decide the temporary injunction application and objections thereon, on merits, on 29.07.2017, the date already fixed.

Without entering into the merits of the writ petition, the trial court is directed to decide the pending temporary injunction application and objections thereon on merits, as expeditiously as possible, in accordance with law.

Considering the peculiar facts of the case, the parties are directed to maintain status quo, as on today, over the suit property till the disposal of application paper no. 6C and objections thereon, on merits, by learned trial court.

The writ petition thus stands disposed of.

[Interim relief application no. 9072 of 2017 also stands disposed of.]

Although the Court does not feel it necessary to issue notice to the respondent, yet liberty is granted to him to move for recall of this order, if he feels aggrieved with the same.

Let copy of the order be supplied to learned counsel for the petitioner today itself on payment of usual charges.