Rajesh Kumar Mishra And Another vs Kamlesh Kumar And Another
2011 Latest Caselaw 4467 ALL

Citation : 2011 Latest Caselaw 4467 ALL
Judgement Date : 7 September, 2011

Allahabad High Court

Rajesh Kumar Mishra And Another vs Kamlesh Kumar And Another on 7 September, 2011

Bench: Abhinava Upadhya




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 1865 of 2011
 

 
Petitioner :- Rajesh Kumar Mishra And Another
 
Respondent :- Kamlesh Kumar And Another
 
Petitioner Counsel :- Jagdish Prasad Mishra
 

 
Hon'ble Abhinava Upadhya,J.

By means of this writ petition the petitioners, who are the plaintiffs in suit being Suit No. 505 of 2008 have filed an application being Application No. 6-C under Order XXXIX Rule 1& 2 CPC which has remained pending till date in spite of objections being filed.

The petitioners claims that the aforesaid application be decided expeditiously.

In view of the judgment of a Division Bench of this Court in Km. Shobha Bose Vs. Judge Small Causes and others 2010 (1) ADJ 531 (DB), no such positive direction can be issued.

However, this writ petition is being disposed of with the observation to the court below to consider the aforesaid application 6-C of the petitioners for interim injunction and pass appropriate orders on the same keeping in mind the interest of both the parties and without granting unnecessary adjournment to either of the parties.

With the aforesaid observations/directions, the writ petition is finally disposed of.

Order Date :- 7.9.2011

SKM