Agra Diocesan Trust Association vs Mr Anil Frank And Others

Court No. - 18

Case :- MATTERS UNDER ARTICLE 227 No. - 7062 of 2017 Petitioner :- Agra Diocesan Trust Association Respondent :- Mr. Anil Frank And 3 Others Counsel for Petitioner :- Manish Dev Singh

Hon'ble Mahesh Chandra Tripathi,J.

Heard learned counsel for the petitioner.

In view of the order proposed to be passed, notices need not go to private respondents.

The petitioner is before this Court assailing the order dated 23.10.2017 in Misc. Appeal No.41 of 2017 (Agra Diocesan Trust Association v. Mr. Anil Frank & Ors.) passed by the Incharge District Judge, Bareilly, whereby he refused to grant ad-interim injunction in favour of the plaintiff-petitioner.

This much is reflected from the record that against the rejection of 6-C application moved by the petitioner in O.S. No.136 of 2017 (Agra Diocesan Trust Association v. Mr. Anil Frank & Ors.), the petitioner had preferred Misc. Appeal No.41 of 2017 along with interim injunction application. The said appeal was admitted on 23.10.2017, notices were issued on injunction application and the next date fixed for hearing is 08.11.2017.

Learned counsel for the petitioner states that there is eminent danger that the respondent would change the nature of land in question and as such request has been made for a direction to the court concerned to decide the aforesaid injunction application in the appeal in question within stipulated period.

Once such is the factual situation, in the interest of justice, without expressing any opinion on the merits of the case, the writ petition is disposed of asking the appellate authority to decide the aforesaid injunction application in accordance with law expeditiously and preferably within three months from the date of production of certified copy of this order but certainly after giving opportunity to parties concerned.

Let a copy of this order be given to learned counsel for the petitioner today on payment of usual charges.

Order Date :- 7.11.2017 SP/