This petition under Article 227 directed the court below to decide an application under Order VII Rule 11 CPC expeditively to resolve the pending interim injunction matter.
Direction to the court below to decide the Order VII Rule 11 CPC application within two months.
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Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 9440 of 2018
Petitioner :- Alok Swaroop And 2 Others Respondent :- The Additional Civil Judge (Senior Division) Court No. 2 Muzzaffar Nagar And 16 Others Counsel for Petitioner :- Pramod K. Gupta Counsel for Respondent :- Nipun Singh
Hon'ble Mrs. Sunita Agarwal,J.
The prayer made in the present petition is to issue a direction to the court below to decide the interim injunction application filed by the plaintiffs/petitioners.
A perusal of the record indicates that the defendants have filed an application (Paper No. 26C) under Order VII, Rule 11 C.P.C. praying for rejection of the plaint. The court below passed an order dated 28.11.2018 whereby the date was fixed for disposal of the objection on the said applications filed by the parties.
Learned counsel for the petitioners/plaintiffs submits that the petitioner/plaintiff would cooperate in disposal of the application Order VII, Rule 11 C.P.C. The submission is that delay is being caused by the defendants by seeking adjournment.
On the said assertion, the present petition is being disposed of with the direction to the court below to make an endeavour to decide the application under Order VII, Rule 11 C.P.C. on the next date fixed or on a date to be fixed within a further period of two months, thereafter.
The decision of Order XXXIX Rules 1 and 2 CPC application would depend upon the decision on the application under Order VII Rule 11 CPC.
It is expected that the Court below shall make an endeavour to decide both the applications in accordance with law, as expeditiously as possible.
Order Date :- 14.12.2018 Brijesh
1 issue framed by the court
Whether the court below should be directed to decide the application under Order VII Rule 11 CPC expeditiously within two months.
2 provisions across 1 enactments
Alok Swaroop And 2 Others
The Additional Civil Judge (Senior Division) Court No. 2 Muzzaffar Nagar And 16 Others
Sunita Agarwal
As recorded by the court registry
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