Shiv Charan [U/A-227] vs Civil Judge (J.D.)Haveli Distt. ...
2015 Latest Caselaw 1604 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 24
 

 
Case :- MISC. SINGLE No. - 4447 of 2015
 

 
Petitioner :- Shiv Charan [U/A-227]
 
Respondent :- Civil Judge (J.D.)Haveli Distt. Faizabad And Another
 
Counsel for Petitioner :- Krishna Nand Shukla
 

 
Hon'ble Dr. Devendra Kumar Arora,J.

Heard.

In view of the order proposed to be passed, issuance of notice to the  private respondent is dispensed with.

Petitioner has filed the instant writ petition for a direction to the Civil Judge (J.D.) Haveli, Faizabad to decide the application under Order 39 Rule (1) i.e. 6Ga-2 filed in Regular Suit No. 894 of 2012 "S.P.Convent School vs. Shiv Charan and others,  which is pending since long and its non-disposal is causing serious prejudice.

Learned Counsel for the petitioner submits that the petitioner is defendant in Regular Suit No. 894 of 2012 and on receiving the notices filed objections alongwith written statement stating therein that plaintiffs are misusing the ex-parte injunction order. The aforesaid application is pending since 2012 and only general dates are being fixed. 

Counsel for the petitioner submits that interest of justice would suffice, if the opposite party no.1 is directed to decide the aforesaid case within the time frame fixed by this Court.

Accordingly, this writ petition is disposed of with the direction to the Civil Judge (J.D.) Haveli, Faizabad to decide the application under Order 39 Rule (1) i.e. 6Ga-2 filed in Regular Suit NO. 894 of 2012 "S.P.Convent School vs. Shiv Charan and others" after giving due opportunity of hearing to all concerned,  within a period of six months, if possible from the date of production of certified copy of this order.

Order Date :- 3.8.2015

MH/-