Saroj Sengar vs. Civil Judge (Senior Division) Court No. 15

Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1949 of 2024 Petitioner :- Saroj Sengar Respondent :- Civil Judge (Senior Division) Court No. 15, Distt. Sultanpur And 2 Others Counsel for Petitioner :- Sheo Prakash Singh

Hon'ble Alok Mathur,J.

1. Heard Sri Sheo Prakash Singh, learned counsel for petitioner.

2. In light of the proposed order, notices to private respondents are dispensed with.

3. It has been submitted by learned counsel for petitioner that the petitioner has filed a regular suit for partition bearing Suit No. 192/2020 before the Civil Judge, Court No. 15, Sultanpur for partition and possession of the land and also form restraining respondent Nos. 2 & 3 from not to interfere over the property in possession of the petitioner.

4. As the application under Order 39 Rule 1 & 2 CPC remain pending, the petitioner has approached this Court by filing a writ petition (Matter Under Article 227 No. 1708 of 2023) which was disposed of by this Court on 07.04.2023 directing the trial court to expedite the disposal of the application under Order 39 Rule 1 & 2 CPC in the manner prescribed in the said order. It was further provided that the trial court may also consider grant of interim injunction in case petitioner is able to make out a case for same.

5. It seems that an application under Order 7 Rule 1 CPC was filed by the defendants in the suit due to which the application under Order 19 Rule 1 & 2 CPC could not be decided. It has been submitted that now the application under Order 7 Rule 1 CPC has been dismissed, so the trial court may be detected to decide the application under Order 19 Rule 1 & 2 CPC expeditiously.

6. After considering the arguments made by learned counsel for petitioner as well as perusal of the record, it is evident that the petitioner has approached this Court for the same cause of action and the order has been passed on 07.04.2023 in writ petition (Matter Under Article 227 No. 1708 of 2023) and for the same cause of action second writ petition would not be maintainable. In any case, any further directions are given by this Court ot the trial court, the same would amounts to modification of the previous direction given by this coordinate Bench of this Court dated 07.04.2023.

7. However, it is open for the petitioner to move an appropriate application for modification of the order dated 07.04.2023 in the previous writ petition but the second petiton for the same cause of action would not be maintainable.

8. Subject to the above observations, the writ petiton stands dismissed.

(Alok Mathur, J.)

Order Date :- 23.4.2024 Ravi/