Under Article 227, the High Court directed the trial court to decide a pending temporary injunction application expeditiously, within three months, without granting unnecessary adjournments.
Direction to the trial court to decide the temporary injunction application within three months without unnecessary adjournments.
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Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 9729 of 2018 Petitioner :- Devi Prasad And 3 Others Respondent :- Ambresh Kumar And Another Counsel for Petitioner :- Narendra Kumar,Kapoor Chandra Vishwakarma
Hon'ble Mrs. Sunita Agarwal,J.
Prayer in the present petition is to issue a direction to the court below to decide the temporary injunction application (6-C) pending in Original Suit No.328 of 2016 ( Devi Prasad & others Vs. Ambresh & another) within stipulated period.
A perusal of the order sheet indicates that the sole defendant had put in appearance before the court below and filed his objection to the application filed under Order 39 Rule 1 & 2 C.P.C. alongwith written statement. Further an application under Order 6 Rule 17 C.P.C has been filed by the defendant seeking amendment of written statement, to which objection has been filed by the petitioners.
However, learned counsel for the petitioner is not aware of the nature of amendment being sought by the defendant.
Be that as it may, without expressing any opinion as to the merits of the claim of the petitioner, the present petition is being disposed of with the direction to the trial court to decide the temporary injunction application (6-C) pending in Original Suit No.328 of 2016 ( Devi Prasad & others Vs. Ambresh & another), expeditiously, preferably within a period of three months from the date of submission of certified copy of this order without granting any unnecessary adjournment to any of the parties.
Order Date :- 7.2.2019 Himanshu
1 issue framed by the court
Whether to direct the trial court to decide the pending temporary injunction application expeditiously.
3 provisions across 2 enactments
Devi Prasad and 3 Others
Ambresh Kumar and Another
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
