Shyam Sundar Vs Civil Judge and 8 Others

Court No. - 10

Case :- MATTERS UNDER ARTICLE 227 No. - 1277 of 2021

Petitioner :- Shyam Sundar Respondent :- Civil Judge And 8 Others Counsel for Petitioner :- Sharda Vishwakarma,Awadhesh Kumar Sharma

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Hon'ble Prakash Padia,J.

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Today Advocates are abstaining from work. I have perused the record.

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The petitioner has preferred the present petition under Article 227 of the Constitution of India inter-alia with the prayer to issue a direction to the Civil Judge (Junior Division), Gorakhpur to decide the Temporary Injunction Application Paper No. 7C moved Under Order-39 Rule-1 C.P.C. in Original Suit No. 1065 of 2016 (Shyam Sundar & others Versus Keshaw & others) and further prayer to direct the respondents/defendant Ist set not to encroach or change the nature of dispute land in question during the disposal of temporary injunction application within stipulated period.

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In the facts and circumstances of the case, the Court is of the opinion that the interim injunction filed by the petitioner before the Civil Judge (Junior Division), Gorakhpur be decided expeditiously.

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In view of the same, without entering into merits of the case, the present petition, under Article 227 of the Constitution of India, is disposed of directing the Civil Judge (Junior Division), Gorakhpur to pass appropriate order on the application filed by the petitioner on the next date fixed. In case, on the said date on account of any reason, the said application could not decide, the Civil Judge (Senior Division), Gorakhpur will decide the same expeditiously and preferably within a period of two months thereafter.

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Order Date :- 25.2.2021 Swati

Shyam Sundar v. Civil Judge and 8 Others

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Shyam Sundar v. Civil Judge and 8 Others

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