Ram Kumar & another vs Ishwar Dayal Kansal & others

Manoj K. Tiwari, J.

Respondent No. 1 filed a suit for injunction against the petitioners, which was decreed by learned trial court vide judgment and order dated 04.04.2016. Petitioners filed an appeal, under Section 96 of C.P.C., on 3.05.2016, which is registered as Civil Appeal No. 23 of 2016, which is now pending in the court of 5th Additional District Judge, Haridwar. Petitioner filed an application under Section 151 of C.P.C. with a prayer that during pendency of the appeal, judgment and decree passed by learned trial court be stayed or parties be directed to maintain status quo.

Learned counsel for the petitioners submits that the court of 5th Additional District Judge is lying vacant, therefore, the application was taken up by the Link Officer, who issued notices on the said application on 28.11.2018. Learned counsel for the petitioners further submits that respondent No. 1 is raising construction on the adjoining property of the petitioners, which will change the nature of the property. Thus, the petitioners have approached this Court challenging the order dated 28.11.2018.

Having regard to the facts and circumstances of the case, the writ petition is disposed of with a request to learned District Judge, Haridwar to transfer the Civil Appeal No. 23 of 2016 to some other Additional District Judge. Upon transfer of the case, the transferee court will consider and dispose of the application filed by the petitioners on or before 10.01.2019. Till 10.01.2019 or disposal of the application, filed by the petitioners, parties shall maintain status quo as regards to the suit property.