RAM AUTAR Vs. NAGAR PALIKA PARISHAD

JUDGEMENT

(1.) R. K. Mahajan, J. This is a writ peti tion seeking a writ in the nature of certiorari quashing the order of District Judge, Ghazipur, dated 11-4-1997 as well as direct ing the District Judge to pass an order for the maintenance of status quo till the dis posal of the miscellaneous appeal which was filed before him.

(2.) THE learned District Judge while passing the order of paper 6- Ga 2, which is impugned in this writ petition, was of the view that it was not proper to grant the interim order during the pendency of the appeal and the case was fixed for hearing on

(3.) IN the said suit No. 66 of 1997, the plaintiff-petitioner also moved an applica tion for ad interim injunction before the trial Court. The trial court by passing a very detailed order dated 9- 4-1997, rejected the application for ad interim injunction fixing 28-5-1997 for framing of issues. Immedi ately thereafter, the petitioner preferred a miscellaneous appeal before the District Judge, Ghazipur. IN the appeal, an applica tion paper No. 6-Ga 2 was also filed for ad interim injunction praying that no damage would be caused on the articles standing over the disputed land. Before the lower appellate Court, it was argued by the learned Counsel for the appellant-petitioner that the land in dispute is the road-side (Patri ). The learned lower appel late Court was of the view that under such circumstances, the issuance of ad interim injunction is no feasible ordering the appeal to be put on 5-5-1997 for hearing. The order to this effect was passed on 11-4-1997 by the lower appellate Court against which this writ petition has been filed.