Kanchan Bala And Others vs Rajesh Gupta And Others

Vinod Chatterji Koul, J

Petitioners are aggrieved of the orders dated 09.06.2017 and 06.07.2017, passed by the learned 2nd Additional District Judge, Jammu in appeal filed by the respondent herein Rajesh Gupta against the order dated 09.05.2017 passed by the learned Sub Registrar (Munsiff), Jammu in an application under Order 39 Rule 1 & 2 read with Section 151 CPC. The said order dated 09.05.2017 was stayed till next date of hearing. The petitioners are also aggrieved of the order dated 06.07.2017 passed by the learned 2nd Additional District Judge, Jammu whereby the respondent herein Rajesh Gupta was permitted to raise construction at his own risk and cost.

When this writ petition was taken up for consideration today, it was proposed that this writ petition can be disposed of with a direction to the appellate court to decide the appeal filed by Rajesh Gupta on merits after hearing both the parties at an earlier date. Learned counsel for the parties also submitted that the parties may be directed to maintain status quo as on today for one week.

It is submitted by learned counsel for the parties that the appeal which was pending before the learned 2nd Additional District Judge, Jammu has since been transferred to the court of learned Additional District Judge, Jammu and the same is pending before the said court.

I have considered the submissions made by learned counsel for the parties as well as the grounds taken in the writ petition, maintainability of which has also been challenged by the respondent.

Therefore, in view of the submissions made by learned counsel for the parties, this writ petition is disposed of at this stage with following directions:-

(i) Parties shall maintain status quo for a period of one week from today.

(ii) Parties shall cause their appearance before the learned Additional District Judge, Jammu on 09.07.2020.

(iii) Learned Additional District Judge, Jammu shall hear both the parties and expeditiously dispose of the appeal as well as the application for stay.

(iv) No adjournment shall be allowed to any of the parties.

(v) The appellate court shall not be influenced by any of the observations made in this petition.

A copy of this order be forwarded to the court of learned Additional District Judge, Jammu.