Ramveer Singh v. Nekram

Court No. - 1 Case :- MATTERS UNDER ARTICLE 227 No. - 7367 of 2023 Petitioner :- Ramveer Singh Respondent :- Nekram Counsel for Petitioner :- Som Veer Hon'ble Jayant Banerji,J.

¶1List has been revised. No one appears to press this petition.

¶2This petition has been filed seeking the following reliefs:- "(i) Issue a writ order or direction in the nature of writ of mandamus commanding and directing the learned Additional Civil Judge (S.D.) II, District Mathura for expeditious disposal of Temporary Injunction Application No.10-Ga dated 05.06.2023 in Suit No.804 of 2021 (Ramveer Singh Vs. Nekram) within a stipulated period of time as fixed by this Hon'ble Court.;

(ii) Issue a writ order or direction in the nature of writ of mandamus commanding and directing the defendant/respondent not to make illegal construction and also not to sale the suit property during pendency of civil Suit No.804 of 2021 (Ramveer Singh Vs. Nekram) before the learned court below."

¶3It appears that the petitioner has filed Original Suit No.804 of 2021 seeking specific performance of the contract. It is stated in the petition that an application for temporary injunction 10-Ga is pending, which is not being decided by the Additional Civil Judge (Senior Division) II, Mathura.

¶4A perusal of the order-sheet reveals that the suit was filed on

09.11.2021 and the application 10-Ga is stated to have been filed on 05.06.2023. However, the order-sheet filed is only uptil

22.05.2023. As such, it is not known whether notices were issued on the temporary injunction application, and whether any response has been filed by the other side. Under the circumstances, the interference is declined.

¶5The petition is, accordingly, dismissed.

¶6The Registrar (Compliance) is directed to send a copy of this order to the concerned court within fifteen days, for information. Order Date :- 7.11.2023 SK (Jayant Banerji, J.) High Court of Judicature at Allahabad