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Judgment
Alok Mathur, J
Heard Ms. Tripti, learned counsel for petitioner as well as learned Standing Counsel for the State-respondents.
It has been submitted by learned counsel for petitioner that private respondents had filed a suit in the Court of Civil Judge (Jr. Div.), Utraula, District Balrapur for permanent injunction with regard to the property situated at Gata No. 493/0.344 hect. , Village Gwalior Grint, Pargana -Sadullanagar, Tahsil - Utraula, District Balrampur wherein an ex-parte ad interim order dated 12.03.2019 has been passed restraining the petitioner from interfering in the disputed property.
It has further been submitted that respondent No. 2 has also filed a suit for cancellation of the sale deed arraying the petitioner as defendant No. 3.
Considering the contention of the petitioner, firstly there is no explanation with regard to delay in filing the present writ petition assailing the interim order dated 12.03.2019 passed by Civil Judge (Jr. Div.), Balrampur and apart from the above, this Court finds there is a serious disputed question of fact and law with regard to disputed property where even the suit for cancellation of the sale deed is pending before the court of competent jurisdiction, accordingly, no ground for interference is made out at this stage. However, it shall be open for the petitioner if she so chooses to move an appropriate application for early disposal of the suit proceedings and in case such an application is filed, the trial court shall consider and decide the same with expedition.
The petitioner undertakes to cooperate in the proceedings before the trial court and shall file her written submissions / objections with expedition, say, within a period of next two weeks.
Subject to the aforesaid observations, the writ petition stands disposed of.
