KANDHAI AND OTHERS Vs. ADDITIONAL DISTRICT JUDGE, COURT NO 4 GONDA AND AN
LAWS(ALL)-2018-3-282
HIGH COURT OF ALLAHABAD
Decided on March 15,2018

Kandhai And Others Appellant
VERSUS
Additional District Judge, Court No 4 Gonda And An Respondents

JUDGEMENT

Mahendra Dayal, J. - (1.) Heard the learned counsel for the petitioners and perused the impugned order.
(2.) The petitioners have filed this writ petition under Article 227 of the Constitution of India for setting aside the order dated 02.02.2018 passed by Additional District Judge, Court No.4, Gonda in Miscellaneous Case No.7 of 2018 and the order dated 23.12.2017 passed by the same court in Miscellaneous Case No.328 of 2017.
(3.) The brief facts of the case are that the opposite party no.2 filed a suit for permanent injunction on 16.03.2013 against the petitioners in the Court of Civil Judge (Junior Division), Gonda which was registered as Original Suit No.485 of 2013. The suit filed by the opposite party no.2 was transferred to the Court of Ist Additional Civil Judge (Junior Division), Gonda. The learned trial court to whom the case was transferred, heard the matter and issued notices to the petitioners fixing 17.04.2013 and 24.04.2013 for filing of the written statement and framing of issues respectively. An order was also passed by the trial court on the same day for issue of Commission. The Ameen appointed by the court visited the spot in the presence of the parties and prepared report which was submitted before the court on 06.04.2013. The petitioners on getting the notice of the suit, appeared before the trial court through their counsel and filed their written statement on 24.04.2013. Since the opposite party no.2 had also moved an application for interim relief, therefore, 06.05.2013 was fixed for disposal of his application and the court after hearing the parties, disposed of the application directing the parties to maintain status quo over the land in dispute and fixed 23.05.2013 for framing of issues.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.