The High Court disposed of this writ petition by directing the Civil Judge, Farenda, to decide a pending application for vacation of ex-parte injunction within two months. No opinion was expressed on merits.
Direction to Civil Judge, Farenda to decide pending Order 39 Rule 4 CPC application within two months.
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Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 8854 of 2018
Petitioner :- Nizamuddin And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Kumar Chaurasia Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the parties.
The respondent nos. 4 and 5 (the petitioners herein) being cosharers of the suit property have filed an application under Order 39 Rule 4 CPC seeking vacation/variance of the ex-parte injunction order dated 30.5.2017 with the assertion that the plaintiff has not come out with clean hands. The said application is pending consideration before the Court below.
Only prayer made in the present petition is to issue a direction to the Court below namely the Civil Judge (Junior Division), Farenda, District Mahrajganj to decide the said application within stipulated period.
Having perused the record, without expressing any opinion as to the merits of claim of the petitioner, the present petition is being disposed of with the direction to the Court of Civil Judge (Junior Division), Farenda, District Mahrajganj, to decide the pending application under Order 39 Rule 4 CPC moved by the respondent nos. 4 and 5 namely the petitioners herein, expeditiously, preferably, within a period of two months from the date of submission of certified copy of this order, after providing due opportunity to the parties concerned.
Order Date :- 28.11.2018
Brijesh
1 issue framed by the court
Whether the High Court should direct the Civil Court to decide a pending application under Order 39 Rule 4 CPC expeditiously.
1 provisions across 1 enactments
Nizamuddin
Other 1
State Of U.P.
Other 2
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
