Allahabad High Court
Akhtar Khan vs Gajraj Sing And 9 Others on 11 July, 2022
Author: Vipin Chandra Dixit
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5102 of 2022 Petitioner :- Akhtar Khan Respondent :- Gajraj Sing And 9 Others Counsel for Petitioner :- Ajay Singh,Arvind Kumar Tiwari Hon'ble Vipin Chandra Dixit,J.
Heard Sri Ajay Singh, learned counsel for petitioner and perused the record.
The present petition has been filed by petitioner seeking direction to Civil Judge (Senior Division), Gautam Buddha Nagar to decide the application filed under Order 39 Rule 2(A) C.P.C. filed in Case No.2255 of 2019 (Akhtar Khan Vs. Gajraj and others) within a stipulated period.
It is submitted by learned counsel for petitioner that plaintiff-petitioner had filed a suit for permanent injunction which was registered as Original Suit No.2255 of 2019. It is further submitted that learned trial court vide order dated 25.10.2019 has granted interim injunction order in favour of plaintiff-petitioner directing the parties to maintain status quo in respect of suit property. It is further submitted that defendants had full knowledge about the interim injunction granted by trial court on 25.10.2019 but they are deliberately disobeying the order dated 25.10.2019 and trying to interfere in the peaceful possession of the plaintiff-petitioner. It is further submitted that plaintiff-petitioner had filed an application under Order 39 Rule 2A C.P.C. on 24.12.2019 to punish the defendants for disobedience of order dated 25.10.2019 which was registered as Misc. Case No.88 of 2020. It is further submitted that notices were issued to defendants-respondents on 24.12.2019 and the defendants-respondents have put in appearance before the court below but had not filed any objection and case was proceeded ex-party. It is further submitted that on account of delaying tactics adopted by defendants-respondents the Misc. Case No.88 of 2020 could not be decided and is pending since 2020.
Considering the facts and circumstances of the case and without commenting on the merits of the case, learned Civil Judge (Senior Division), Gautam Buddha Nagar is directed to decided the Misc. Case No.88 of 2020 filed under Order 39 Rule 2(A) C.P.C. arising out of Case No.2255 of 2019 (Akhtar Khan Vs. Gajraj and others), expeditiously in accordance with law after affording reasonable opportunities of hearing to the parties concerned, preferably within a period of four months from the date of production of certified copy of this order, without granting undue adjournments to either of the parties, unless there is any legal impediment.
With the aforesaid directions, the petition is disposed of.
Order Date :- 11.7.2022 Kpy