This single-line order in a writ petition under Article 227 directed the 1st Civil Judge, Bulandshahar, to decide a pending application for temporary injunction within three months, clarifying no opinion was expressed on the merits.
Directed the 1st Civil Judge to decide the application for temporary injunction within three months.
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Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 1697 of 2022
Petitioner :- Mahesh Kumar And 3 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Uma Nath Pandey Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
The present petition has been filed by the petitioners praying for a writ of mandamus commanding the 1st Civil Judge (Junior Division), Bulandshahar to decide the temporary injunction application no. 6-C2 of the petitioners filed under Order 39 Rule 1 and 2 CPC, read with Section 151 CPC in Original Suit No. 2224 of 2021 (Mahesh Kumar and ot hers Vs. State of UP and others).
Without entering into the merits of the case, the 1st Civil Judge Judge (Junior Division), Bulandshahar is directed to decide the aforesaid application of the petitioners within a period of three months from the date a copy of this order is produced before him, if still pending, and in case there is no legal impediment in deciding the aforesaid application.
With the aforesaid direction, the petition is disposed of.
It is clarified that the Court has not expressed any opinion either regarding the maintainability of the case or the merits of claim made in the petition.
Order Date :- 22.3.2022 S.K.S.
Digitally signed by SUNIL KUMAR SINGH Date: 2022.03.22 16:07:54 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to direct the lower court to decide the pending application for temporary injunction within a specified timeframe.
Mahesh Kumar and 3 Others
State Of U.P. and 5 Others
Salil Kumar Rai
As recorded by the court registry
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