Allahabad High Court
Dev Raj vs Ram Pyari And Another on 20 September, 2019
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 40 Case :- MATTERS UNDER ARTICLE 227 No. - 6824 of 2019 Petitioner :- Dev Raj Respondent :- Ram Pyari And Another Counsel for Petitioner :- Manoj Kumar Singh Hon'ble Vivek Varma,J.
By means of this writ petition under Article 227 of the Constitution of India, petitioner has prayed for a direction upon the Court below i.e. Civil Judge (JD), Jaunpur to decide the application (6C) in Original Suit No. 432 of 2010 (Devraj and another Vs Ram Pyari and another), expeditiously within a stipulated period as may be fixed by this Court.
It is contended by learned counsel for the petitioner that the petitioner has filed the aforesaid suit for restraining the respondent/defendant from interfering in the peaceful possession of the petitioner over the land in dispute. It is further submitted that the interim injunction application (6C) was considered by the court below and notices were issued calling objection from the respondent/defendant and when defendant-respondent failed to appear the same was heard ex-parte and vide order dated 5.2.2011 the application was rejected by the court below. Aggrieved against the said order, petitioner filed Misc Appeal, which was decided by the appellate court vide order dated 28.09.2013 by remitting the matter back to court below to decide the injunction application 6-C afresh after giving an opportunity of hearing to parties concerned.
Perused the record and the order sheet of the court below, which indicates that several dates were fixed for disposal of the said application and the matter is still pending.
The only relief sought by the learned counsel for the petitioner is that the interim injunction application (paper No. 6 C) filed by the petitioner in aforesaid Suit be directed to be disposed of at an early date.
Having regard to the facts and circumstances of the case, and the submission made, but without prejudice to the merits of the case, the instant writ petition is finally disposed off with a direction to the court below to make every endeavour to decide the temporary injunction application (paper No 6 C) filed in original Suit No. 432 of 2010 (Devraj and another Vs Ram Pyari and another), expeditiously, preferably within a period of two months, by fixing short dates and without granting unnecessary adjournments to either of the parties, if there is no other legal impediments.
Order Date :- 20.9.2019 RavindraKSingh