S.K.Singh - (1.) -Heard Sri Awadhesh Pratap Singh, learned advocate in support of this petition and Smt. Rama Goel, learned advocate who appeared for the private respondent.
(2.) CHALLENGE in this petition is the orders passed by the courts below by which suit filed by the plaintiff petitioner for injunction in respect to property in dispute was dismissed in default and thereafter restoration was also rejected and revision filed by the petitioners also failed. Normally by noticing the nature of the order by which suit is dismissed in default and restoration is rejected this Court sitting in the writ jurisdiction exercising the equity powers has to take lenient view so as to advance substantial justice but at the same time if interference by this Court in the equity powers has an effect of doing injustice to other side then that is to be refused. Here is the case which can be said to be one of most glaring example of the high handedness on the part of the petitioners and an effort of disobeying his own undertaking given before this Court and also before the Apex Court and, therefore, when the arguments started and counsel for the respondent raised a preliminary objection about maintainability of the writ petition pointing out facts in brief then seeing conduct of the petitioners, learned counsel for the petitioner was asked by this Court to cut short the argument so that precious time of the Court is not wasted as large number of litigants are in queue of getting hearing in respect to their fresh cases besides large number of hearing cases but learned counsel for the petitioner insisted for lengthy arguments and placed all the facts from very beginning to end and several decisions on the point which was totally uncalled for but to avoid any confrontation, this Court has no option but to hear the matter but with the caution to the learned counsel for the petitioners that if this Court ultimately is not in the agreement with the arguments then a heavy cost can be imposed to which learned counsel agreed.
(3.) IN view of the aforesaid, now this Court has to notice the arguments of both sides and to deal the same. Before noticing the arguments from the rival sides it will be useful to notice the facts in brief so as to give a clear picture of the facts which may facilitate this Court to arrive at an easy solution of the matter.;