Court No. - 3
Case :- MATTERS UNDER ARTICLE 227 No. - 2963 of 2024
Petitioner :- Syed Shoib Ashraf And Another
Respondent :- District And Sessions Judge, Ambedkar Nagar And 7
Others
Counsel for Petitioner :- Vikas Vikram Singh,Rajat Gangwar
Counsel for Respondent :- Syed Ahmad Jamal
Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioners and Mr. Syed Ahmad
Jamal and Mr. Ajay Kishore Pandey, learned counsel for
opposite party no.2 while power on behalf of opposite parties 3
to 8 has been filed by Mr. S.M. Rehman Faizy, Advocate.
2. Applications for impleadment has been filed by Mr. Adnan
Ahmad, learned counsel appearing on behalf of Syed Haseen
Ashraf and Syed Moinuddin Ashraf Anwar Ashraf. The
applications are taken on record and Mr. Adnan Ahmad has
been heard in terms of Chapter XXII Rule 5A of the Rules of
this Court.
3. Supplementary affidavit filed on behalf of petitioners is
taken on record.
4. Petition has been filed challenging order dated 31.05.2024
passed in Miscellaneous Civil appeal No.11 of 2024 preferred
by plaintiff against order dated 17.05.2024 whereby directions
have been issued for management to be conducted by the
defendants exclusively of the Shrine and the proceeds thereof.
5. Learned counsel for petitioners submits that aforesaid Suit
No.82 of 2019 had been filed seeking permanent injunction and
vide order dated 17.05.2024, Application for temporary
injunction has been decided with a direction that since the
property under dispute is jointly controlled by all the members
of the family, there was no occasion to grant any temporary
injunction and therefore only looking to the safety of the Shrine
and the proceeds thereof, petitioners being defendants and the
Committee of Management have been directed to look after the
same.
6. The aforesaid order dated 17.05.2024 was thereafter assailed
by the plaintiffs in aforesaid Misc. Civil Appeal and by means
of impugned order dated 31.05.2024, the said order dated
17.05.2024 has been stayed.
7. It has been submitted that order dated 17.05.2024 is a
detailed and reasoned order which has been interfered with by
the Appellate Court without indicating any prima facie
satisfaction or even recording any cogent reasons. It is also
submitted that the next date fixed in the appellate court is
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09.07.2024 for hearing on the Application 15 2. It is
submitted that in case the appellate court had come to a prima
facie conclusion that the temporary arrangement made by the
trial court was not in consonance with law, it was incumbent
upon it to have adverted to the pleas taken by the parties and
such course of action having not been taken, renders the order
vitiated.
8. Learned counsel appearing on behalf of opposite party no.2
have refuted submissions advanced by learned counsel for
petitioners with submission that order dated 17.05.2024 has
been passed against the material on record inasmuch as there is
no sanctity of any Committee of Management and therefore
there was no occasion for the trial court to have vested powers
in such a Committee of Management which does not have any
sanctity of law. It is submitted that the Application for
temporary injunction filed along with the Appeal is pending
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consideration as Paper 15 2 and is directed to be listed on
09.07.2024 although no objection to the Application has been
filed till date.
9. Upon consideration of submissions advanced by learned
counsel for the parties and perusal of material on record, the
narration of facts as indicated herein above are admitted as is
fact that the next date fixed in the Appellate Court is 09.07.2024
Ga
for hearing on Application 15 2.
10. From a perusal of impugned order dated 31.05.2024, it
does appear that no cogent reasons have been indicated by the
appellate court for interfering with order dated 17.05.2024. In
case the appellate court had reached a prima facie satisfaction
that temporary injunction granted by trial court was not in
accordance with law, some reasoning was required to be
indicated in the impugned order. Such a course of action
having not been followed by appellate court, renders the
impugned order vitiated.
11. In the considered opinion of this Court, since the
Application for grant of interim relief is pending consideration
before the appellate court and is due to be listed on 09.07.2024,
it would be appropriate that the appellate court decide the same
on merits.
12. In view of submissions advanced and the urgency indicated
by learned counsel for the parties, it is directed that pending
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Application 15 2 shall be decided by the appellate court on
05.07.2024 after considering objections by the respondents.
Copies of the objections shall be provided prior to the date
fixed, to Appellants.
13. This order is being passed in view of the fact that
defendants in whose favour the interim injunction had been
granted by the trial court have already put in appearance in the
Appeal as well as in the present writ petition and the said
defendant no.5 and legal heir of defendant no.3, arrayed as
respondents 3 and 7 are the only parties affected by grant of
temporary injunction by the trial court.
14. In view of aforesaid, impugned order dated 31.05.2024
passed in Miscellaneous Civil appeal No.11 of 2024 is hereby
set aside as per the directions issued herein above.
15. Consequently, the writ petition succeeds and is allowed at
the admission stage itself.
Order Date :- 28.6.2024
kvg/-
Digitally signed by :-
GIREESAN KV
High Court of Judicature at Allahabad,
Lucknow Bench