ANIL KUMAR JAIN Vs. KAMLA DEVI

JUDGEMENT

(1.) Petitioner is plaintiff in O.S. No. 610 of 2000, Anil Kumar Jain Vs. Smt. Kamla Devi and another pending before Civil Judge (S.D.), Etah. Trial Court/ Civil Judge (S.D.), Etah rejected temporary injunction application on 06.11.2000. Against the said order plaintiff petitioner filed Misc. Civil Appeal No.101 of 2000 on the next day in which on 07.11.2000, learned District Judge passed temporary injunction order in his favour directing parties to maintain status quo. Misc. Civil Appeal No.101 of 2000 has been dismissed on 31.10.2012 by A.D.J./ Special Judge, E.C. Act, Etah. The said order has been challenged through this writ petition.

(2.) Learned A.D.J. has rejected the appeal on the ground that wall had been constructed. I do not find any substantial error in the impugned order. If wall has been constructed during pendency of the suit whether after knowledge or in the absence of knowledge of temporary injunction order, plaintiff will have to seek the relief of its demolition.

(3.) Accordingly, writ petition is disposed of with the direction to the trial court to decide the suit very expeditiously. If the plaintiff files an application within three weeks from today along with certified copy of this order for amendment of the plaint seeking removal of construction made during pendency of the suit then the same is obviously to be allowed. It is directed that the trial court shall not grant any unnecessary adjournment to the defendants respondents, if any unnecessary adjournment is granted, it shall be on heavy cost, which shall not be less than Rs.500/- per adjournment payable before the next date provided that the certified copy of this order is filed before the trial court within three weeks and plaintiff petitioner does not seek more than one adjournment in any form, except by filing amendment application as indicated above.