Allahabad High Court
Sangam Prasad Dwivedi vs Civil Judge(J.D.) Gonda & Ors. on 15 March, 2021
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 6 Case :- MISC. SINGLE No. - 6728 of 2021 Petitioner :- Sangam Prasad Dwivedi Respondent :- Civil Judge(J.D.) Gonda & Ors. Counsel for Petitioner :- Alok Srivastava Hon'ble Mrs. Sangeeta Chandra,J.
Heard.
This petition has been filed with the following main relief:-
"(i). issue an order or direction to the opposite party no. 1 to decide the Misc. Case No. 137 of 2020, filed under Order 39 Rule 2A C.P.C. read with section 151 of C.P.C., pending in the Regular Suit No. 3132 of 2019; Sangam Prasad Dwivedi Versus Jitendra Kumar and others pending before him for the contempt and compliance of the stay order dated-21.11.2019, within the stipulated time limit as prescribed by this Hon'ble Court."
It has been submitted by learned counsel for the petitioner that an application under Order 39 Rule 2A of the C.P.C read with Section 151 of the C.P.C. has been pending before the respondent no.1 in Regular Suit No.3132 of 2019: Sangam Prasad Dwivedi Vs. Jitendra Kumar, as the contesting respondents who are the defendants are not complying with the order of the interim injunction passed in his favour by the learned trial court.
This petition is disposed of with a direction to the learned trial court to decide the application under Order 39 Rule 2A of the C.P.C read with Section 151 of the C.P.C. at the earliest, say, either on the next date fixed or within three months thereafter.
Order Date :- 15.3.2021 Rahul