GURDEEP SINGH Vs. SWARAN SINGH

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India seeeking a prayer to set aside the order dtd. 11/2/2021 (Annexure P-10) by which the application filed by the petitioners for preponing of the date fixed in the application under Order 39 Rule 1 and 2 CPC has been dismissed.

(2.) While adverting to the facts of the case the learned counsel for the petitioner has submitted that the petitioner had filed a suit for permanent injunction restraining the defendant Nos. 1 to 4 from cutting and removing the trees illegally and forcibly except in due course of law till the dispute between the parties was fully decided by the Civil Court, Mukerian.

(3.) Alongwith the plaint, an application under Order 39 Rule 1 and 2 CPC read with Sec. 151 CPC was filed seeking an ad-interim injunction for restraining the respondents/defendants no.1 to 4 from cutting and removing the trees from the suit land till the final decision of the title by the Civil Court and respondent Nos.6 and 7 (Forest Department) be also restrained from issuing any permit in favour of respondent Nos.1 to 4. The suit was filed on 7/1/2021 and in view of the urgency of the matter the service of notice under Sec. 80 CPC upon the official respondents was dispensed with for the time being and notice in the application was issued by the Civil Court on 7/1/2021 for 19/1/2021. On 19/1/2021 the Block Officer had appeared on behalf of defendant Nos.6 and 7 and the matter was however, adjourned for 10/5/2021 for filing of the power of attorney as well as written statement on behalf of defendant Nos.6 and 7 and notice to the remaining defendants were also issued for the next date. Thereafter, vide Annexure P-5 the petitioner filed an application for early hearing of the case in view of the urgency involved in the present case because vide Annexure P-4 an undertaking was taken by the Forest Department from both the parties that in case there is no interim order from the Court then permission would be granted for cutting of the trees and this Annexure P-4 was dtd. 14/1/2021 and 3 months would expire on 13/4/2021. The application for early hearing was taken up on 29/1/2021 and notice was issued for 3/2/2021 by the Civil Court and on 3/2/2021, the learned counsel for the respondent Nos.1 to 4 had appeared and the matter was adjourned for 4/2/2021 for filing reply to the application for early hearing. However, vide impugned order dtd. 11/2/2021 (Annexure P-10) the application for early hearing was dismissed on the ground that no urgency was involved in the present case for preponing of the present case.