Allahabad High Court
Chandra Bhusan Yadav vs Addl.Civil Judge (S.D.) Room No. ... on 3 March, 2020
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 25 Case :- MISC. SINGLE No. - 6255 of 2020 Petitioner :- Chandra Bhusan Yadav Respondent :- Addl.Civil Judge (S.D.) Room No. 21,Lucknow And Ors. Counsel for Petitioner :- Ashok Kumar Singh Tomar,Saurabh Tiwari Hon'ble Mrs. Sangeeta Chandra,J.
(1) Heard the learned counsel for the parties and perused the record.
(2) This petition has been filed by the petitioner praying for a direction to be issued to the learned Trial Court to consider and decide the Application No.C-6 by the opposite party nos.2 to 7 under Order 39 Rule 1 & 2 of the CPC filed in Regular Suit No.2929 of 2014 (Gajendra Pal Singh and Others Vs. Om Prakash and Others).
(3) It has been submitted that the said Regular Suit was filed for permanent injunction before the Civil Judge (Senior Division), Lucknow against the petitioner in which on the first day of hearing the ad-interim injunction was granted by the learned Trial Court directing the defendants not to interfere in the peaceful possession of the plaintiff over the property in dispute. After this ad-interim injunction was granted on 24.12.2014 the petitioner received summons and also appeared before the learned Trial Court and filed his objection to the application for temporary injunction as well as written statements in January, 2015 till July, 2015 respectively. Till date his objection to the application for temporary injunction application has not been considered and the ex-parte ad-interim injunction has been continued.
(4) This petition is finally disposed of with a direction to the learned Trial Court to consider and decide the application that is moved by the plaintiff alongwith petitioner's Application No.C-13 at the earliest, say within a period of two months from the date a certified copy of the order is produced before him.
(5) Since the Regular Suit has been pending for the past more than six years, it is expected that the learned Trial Court shall keep in mind the instructions issued on the Administrative Side by the High Court for expeditious disposal on priority basis of matters which are pending for five years or more.
Order Date :- 3.3.2020 PAL