SUKHRAJI DEVI Vs. BABU RAM KANAUJIA

JUDGEMENT

(1.) This writ petition has been filed for quashing the order dated 5.6.2005 (Annexure-18) passed by the Sub-Divisional Magistrate, Gyanpur, Sant Ravidas Nagar, holding an enquiry and till then to maintain status quo regarding possession, over the property in dispute.

(2.) The facts and circumstances giving rise to this case are that the petitioner on the one hand and the respondents No. 4 and 5 on the other, have a dispute in respect of a particular piece of land. The petitioner claims that she had been granted a patta in respect of the said land under the scheme of Family Planning and she is in possession thereof. Respondents No. 4 and 5 claim ownership over the said land and filed a Civil Suit No. 525 of 2004 for permanent injunction against the present petitioner. However, their application for interim relief under Order XXXIX, Rule 1 of the Code of Civil Procedure (hereinafter called the 'C.P.C.') is still pending and no order has yet been passed. The respondents No. 4 and 5 approached the Sub-Divisional Magistrate, Gyanpur and the Sub-Divisional Magistrate has passed the order dated 5.6.2005 that the parties shell maintain status quo. Hence, the present petition.

(3.) Learned Counsel for the petitioner has submitted that the order passed by the Sub-Divisional Magistrate is without jurisdiction and nullity. No order could be passed by him as no interim order has yet been passed in favour of the said plaintiff-respondents. Thus, the petition deserves to be allowed and the order dated 5.6.2005 is liable to be quashed.