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Jaswant Singh & Others v. Viith A.D.J., Bareilly & Others - WRIT - C No. 4786 of 1997 [2007] RD-AH 5590 (29 March 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


(Court No.28)

Civil Misc. Writ Petition No.4786 of 1997

Jaswant Singh and others  vs.  VIIth Additional District Judge, Bareilly and others


It is also one of those cases where parties, their learned counsel as well as Judges at the District level are wasting precious time and energy over temporary injunction matter ignoring completely the main suit.  Respondent no.1 and 2 filed O.S. No.40 of 1996 against petitioners nos. 3,4 and 5 and respondents 3 to 6.  Thereafter petitioners nos. 1 and 2 themselves applied for impleadment and they were also impleaded as defendants.  In the suit temporary injunction application filed by the plaintiff was ultimately rejected by Civil Judge, Baheri, District Bareilly.  Against the said order plaintiff filed Misc. Civil Appeal No.187 of 1996.  The said appeal was allowed on 24.1.1997 by VIIth Additional District Judge, Bareilly.  Against the said order petitioners filed this writ petition and in this writ petition they prayed for an interim order.  On the application of the petitioners on 18.2.1997 following interim order was passed:-

"Until further orders parties will maintain status quo with  regard  to  the  possession of  the  property in dispute."

The trial court is directed to decide the suit positively within six months.  If any party seeks any adjournment, the same shall be granted on very heavy cost which must not be less than Rs.500/- per adjournment.  If adjournment is necessarily to be granted then it must be for a very short period.  It is further directed that if any party seeks more than two adjournments then third and subsequent adjournments must be granted on  Rs.1,000/- cost per adjournment. In future the courts at the District level should be careful. In those matters where writ petitions are filed against orders passed on temporary injunction application suits must be decided on priority basis.  

Any leniency on the part of the trial court will not be appreciated by this court.  

Until disposal of the suit the interim order dated 18.2.1997 passed by this Court as quoted above, shall remain in operation.

Writ petition is accordingly disposed of.




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