VIVEK KUMAR BIRLA,J. - (1.) Heard learned counsel for the petitioners and perused the record. Present petition has been filed with prayer to direct the respondents not to dispossess the applicant from the property in suit till the application 7-C-2 is decided by the learned Civil Judge (Senior Division) Orai, District Jalaun in Original Suit No. 125 of 2011 and the respondents be restrained from interfering in the peaceful possession of the applicant over the house in question.
(2.) Earlier the petitioner has approached this Court by filing a petition being Matter Under Article 227 No. 4496 of 2019, which was disposed of vide order dated 28.5.2019, which is quoted as under: "Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and perused the record Present petition has been filed with a prayer that the Court below i.e. Civil Judge (Senior Division), Orai, Jalaun to decide the application (7-C-2) filed by the petitioner for temporary injunction in O.S. No. 125 of 2011 at the earlier and till the application for temporary injunction is decided by the trial Court the defendants-respondent may be directed not to create any third party right during pendency of O.S. No. 125 of 2011. Drawing attention to paragraph 18 of the writ petition, learned counsel for the petitioner submits that proposal for sale has already been finalized on 16.5.2019 and if the same is executed, the petitioner shall suffer irreparable loss and injury. He further pointed out that at present Court is lying vacant and injunction application is pending since 2011 and the same has not been decided as yet. It is stated that next date fixed is 30.7.2019. In the facts and circumstances of the case, the present petition is finally disposed of with liberty to the petitioner to move appropriate application before District Judge for transfer of the case to some other court for the purpose of consideration of interim injunction application. In case any such application is filed by the petitioner, the same shall be considered by the District Judge on its own merit. Till the next date fixed i.e. 30.7.2019 in the case for consideration of interim injunction application, the parties are directed to maintain status quo. It is made clear that grant of this protection by itself shall not be treated as any kind of observation on merits of the claim of the petitioner. It is made clear that this protection shall be operative only the next date fixed i.e. 30.7.2019 in the case and the interim injunction application shall be considered by the Court below on its own merit. With the aforesaid observations/ directions, the present petition is finally disposed of."
(3.) Drawing attention to above quoted order, learned counsel for the petitioner submits that earlier protection was granted by this Court and parties were directed to maintain status quo till the next date fixed i.e. 30.7.2019 for consideration of interim injunction application.;