PREM SINGH Vs. COMMISSIONER KUMAON DIVISION, NAINITAL

JUDGEMENT

(1.) THE plaintiff/private respondent No. 5 Ramesh Chandra has filed the suits for declaration and possession of the property in question under Sections 229 -B and 209 of the Uttar Pradesh Zamidari Abolition and Land Reforms Act, 1950 (in short "UPZA&LR Act") in the year 1992. During the pendency of the said suit applications were moved by private respondent No. 5 under Section 229 -D of UPZA&LR Act for temporary injunction and to restrain the petitioner/defendant to maintain status quo, which was granted to the plaintiff vide order dated 28.03.1994. Aggrieved the petitioner filed two revisions before the Commissioner, Kumaon Division, Nainital, which have been dismissed vide order dated 30.11.1994. Now after a gap of 14 years the petitioner/defendant filed the present writ petition challenging the above two orders.

(2.) IT appears that the writ petition was filed in the year 2008 and on the initial date, an adjournment was taken by Mr. A.K. Bansal, learned counsel for the petitioner for preparing the matter. The initial order dated 07.03.2008 passed by this Court reads as under: -

(3.) THEREAFTER , Mr. Vijay Bhatt counsel for the Nagar Palika Parishad, Jaspur has put in appearance and sought time, which was granted. Thereafter the matter was listed on various dates and was adjourned either on the request of the petitioner or on the request of respondent No. 4. Ultimately, since no counter affidavit was filed in the matter by respondent No. 4 by that time, the learned Single Judge of this Court passed the following interim order vide order dated 14.05.2012, which was extended from time to time.