Nisar Ahemed vs Mukhtar Ahemed

Manoj Kumar Tiwari, J

This is plaintiff's petition under Article 227 of the Constitution of India against rejection of his temporary injunction application by the appellate court. Learned trial court had granted temporary injunction in favour of the petitioner, however, the appellate court reversed that order by holding that trial court has not recorded any finding on prima facie case. This Court, vide order dated 30.05.2013, had passed an interim order, providing that parties shall not create any third party interest over the property in dispute. The said interim order is still operating.

Learned counsel for the petitioner submits that the suit was filed in the year 2012 and more than eight years have been gone by, therefore, the writ petition be disposed of by directing the trial court to expedite the hearing of the suit. He further submits that, till the decision in the suit, the protection granted by this Court vide order dated 30.05.2013, be permitted to continue.

Shri Nagesh Aggarwal, learned counsel for the respondent does not seriously oppose the submission made on behalf of the petitioner. He further submits that appropriate direction be issued to the court concerned to decide the suit at the earliest.

Having regard to the facts and circumstances of the case, the writ petition is disposed of with the direction to the Civil Judge (Junior Division), Roorkee to expedite the hearing of the Original Suit No.170 of 2012 Nisar Ahemed vs. Mukhtar Ahemed and to decide the suit, as early as possible, but not later than six months from the date of production of a certified copy of this order. In order to preserve the property, it is further provided that till decision in the suit, no third party interest shall be created over the property in dispute.