RAM PRAKASH Vs. DISTRICT JUDGE, FAIZABAD AND OTHERS

JUDGEMENT

(1.) Heard Sri Radhey Shyam Tiwari, learned Counsel for the petitioner and Sri C.B. Pandey, learned Standing Counsel who put in appearance on behalf of the respondents. In brief the facts of the present case are to the effect that a civil suit for permanent injunction was filed on 28.4.2009 by the petitioner Nos. 2 and 3 in the Court of Civil Judge (Senior Division) 1st, Faizabad alongwith the application for temporary injunction under Order XXXIX, Rules 1 and 2, C.P.C. read with section 151, C.P.C. The said application for temporary injunction was not decided. In the meantime, on 15.4.2010, the respondent No. 3 wrote a letter to the District Administration Authority/Police authorities and the respondent No. 4 thereafter proceeded to dispossess him, hence he approached this Court for redressal of his grievances challenging the order dated 15.4.2010 by filing Writ Petition No. 3711 (M.B.) of 2010 (Satya Prakash v. District Magistrate/Collector, Faizabad and others).

(2.) On 26.4.2010, this Court has passed an order, operative portion of the same is quoted as under:--

(3.) From the perusal of the record, it transpires that again as respondent No. 5 had started the constructions on the land in question on 24.5.2010, so the petitioner moved an application before the Court below on 9.6.2010 under section 151 for temporary injunction, registered 37-G-2 but grievance of the petitioner was not considered, as such, again he approached this Court by filing the Writ Petition No. 5943 (M.B.) of 2010 (Om Prakash and another v. District Magistrate/Collector Faizabad and others). On 18.6.2010, this Court has passed an order, operative portion of the same is quoted as under:--