RAM SAMUJH Vs. DISTT JUDGE, BARABANKI AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) Regular suit no. 1314 of 2012 was filed for cancellation of Will Deed wherein an order of status quo is stated to have been passed and the same is operative between the parties till date. Despite the order of status quo, the defendant is alleged to have transferred the property in favour of the opposite party nos. 4 to 7.

(3.) The petitioner feeling aggrieved filed another suit, which was registered as Regular Suit No. 261 of 2013. The trial court passed a further order of status quo on 27.2.2013, which is stated to have remained operative between the parties till 31.7.2017. It is to be noted that prior to 31.7.2017, objections were filed by the defendants on 11.9.2013 against the ex-parte temporary injunction granted on 27.2.2013. The trial court ought to have considered the application filed under Order 39, Rule 1 and 2 C.P.C. on merit soon after filing of objections but for one reason or the other as is reflected from the order-sheet, the matter continued to be pending and was not disposed of on the question of grant of temporary injunction, however, the order was continued.