Samitri Devi Alias Mohini vs Bhuvnesh And Others

Rahul Bharti, J

The petitioner is the plaintiff who has initiated a civil suit against the defendants-respondents No. 1 to 7 herein, on file No. 948/2023 of the court of learned 2nd Additional Munsiff, Jammu.

In this civil suit, the petitioner, as plaintiff, has sought a decree for permanent prohibitory injunction for restraining the respondents/defendants, their agents, servants and representatives from interfering into the peaceful possession with respect to a suit property comprised of 11.12 kanals of land under khasra No. 1593 situated at Village Gadigarh, Jammu.

Along with this suit, the petitioner/plaintiff has also filed an application for grant of temporary injunction under Order 39 Rule 1 and 2 of the Code of Civil Procedure, 1908. The institution of the civil suit is of 25.08.2023.

The trial court of learned 2nd Additional Munsiff, Jammu, by virtue of an ex parte ad interim order dated 25.08.2023, granted status quo with respect to possession of the suit property.

The defendants/respondents herein upon appearance in the civil suit filed an application seeking clarification of the import of status quo vis-à-vis the suit property which resulted in passing of an order dated 29.04.2024 by the trial court of learned 2nd Additional Munsiff, Jammu which left the petitioner/plaintiff aggrieved feeling seriously prejudiced that the order was passed without even affording the petitioner/plaintiff any opportunity of objection and hearing and without even closing the right of the petitioner/plaintiff to file objections to the said application of the respondents/defendants and that is how the present petition under article 227 of the Constitution of India seeking supervisory jurisdiction of this Court to intervene in the matter has been filed.

The respondents have also caused appearance in this case represented by Mr. Ravinder Sharma, Advocate.

This Court feels that the present case shall not detain this Court lest that would cause a prejudice to the case of either side by any observation coming with respect to adjudication of the matter. Therefore, taking cognizance of the fact that temporary injunction application of the petitioner is yet to be decided to which objections have been filed by the respondents as such, this petition is disposed of with a direction to the Court of learned 2nd Additional Munsiff, Jammu to adjudicate the temporary injunction application of the petitioner/plaintiff within a period of thirty days from the date of passing of this Court i.e. 13.05.2024 without fail.

In case, the court of learned 2nd Additional Munsiff, Jammu is not able to dispose of the temporary injunction application within thirty days period hereby granted then any extension of time for doing the needful shall be subject to further orders/direction to be availed by the learned 2nd Additional Munsiff, Jammu from the learned Principal District Judge, Jammu by show of reasons for default on the part of the court in not disposing of the application within time hereby given.

Furthermore, the court of learned 2nd Additional Munsiff, Jammu in deciding and disposing of the temporary injunction application within the time granted or extended shall remain uninfluenced by any observation as made in the order dated 29.04.2024, be it in favour or against either of the parties.

Connected application(s) also stands disposed of accordingly.