Maya Devi vs Kailash Narayan Saxena and others

Abhinava Upadhya, J.—By means of this writ petition the petitioner has made a prayer that his application under Order XXXIX, Rule 1 C.P.C. in Original Suit No. 1601 of 2011 filed against the defendants-respondents for permanent injunction be considered and decided.

According to the petitioner, the respondents are the owner of Plot No. 44 which is adjacent to the plot of the petitioner being Plot No. 44-B having an area of 525 Sq. Yard. The petitioner claims that respondent No. 1 has executed an agreement to sell in respect of respondents No. 2, 3 and 4 and by virtue of the aforesaid agreement the respondents are encroaching upon the land of the petitioner upon which a dwelling house of the petitioner is situated.

In the application for interim injunction notices have been issued on 13.7.2011 but no objection has been filed till date.

Learned Counsel for the petitioner apprehends that the respondents with their muscle power will encroach the land of the petitioner and urgently injunction needs to be passed against them.

Upon the facts and circumstances of the case, this writ petition is being disposed of with the direction to the Court below to consider 6-C application of the petitioner for interim injunction and pass appropriate orders on the same keeping in mind the interest of both the parties and without granting unnecessary adjournment to either of the parties.

With the aforesaid observations/directions, the writ petition is finally disposed of.