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Mohan Lal And Others v. Natthan And Others - WRIT - C No. 10212 of 2004 [2006] RD-AH 11335 (12 July 2006)


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).


Hon'ble Rajes Kumar, J.

In the present petition, petitioner has challenged the order dated 28.02.2004 passed by the Addl. District Judge (Court no.8), Mathura in appeal no. 38 of 2002 Natthan and others Versus Mohan Lal and others.

The brief facts of the case are that the petitioner has filed a Suit no. 154 of 2001 before the Civil Judge (Jr. Div.), Chhata alongwith an application under Order 39 Rule 2.  The trial court issued notices and passed an ad interim order restraining the respondents not to interfere with the disputed Merh.  The trial court after exchange of counter and rejoinder-affidavits passed an order on 27.3.2002 in favour of the petitioner-plaintiff restraining the respondents not to interfere towards the disputed property till the disposal of the case finally.  Against the said order, respondents preferred an appeal before the Addl. District Judge, which has been allowed by the impugned order and the order passed by the Civil Judge (Jr. Div.) has been set aside.  Being aggrieved by the said order, present petition has been filed.  This Court on 12.3.2004 directed both the parties to maintain status-quo on the spot.

Heard Sri S. B. Singh, learned Counsel for the petitioner and Sri N. S.Chahar, learned Counsel for the respondents.

Learned Counsel for the petitioner submitted that written statement and rejoinder-affidavits have been exchanged in the Suit and the Suit is ready for final disposal.

Both the Counsel agreed that the Civil Judge (Jr. Div.) may be directed to dispose of the Suit itself expeditiously.

In view of the aforesaid facts and circumstances of the case, the writ petition is disposed of with the direction to Civil Judge (Jr. Div.), Chhata, district Mathura to dispose of the suit no. 154 of 2001 Mohan Lal and others versus Natthan and others within a period of three months from the date of filing of Certified copy of this order.  The petitioner undertakes to file Certified copy of the order within a period of fifteen days.

It is made clear that this Court has not adjudicated the issue on merit.  The order of status-quo shall continue to operate till the disposal of the Suit.




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