Smt. Maya Devi & Anr. (U/A-227) vs Court Of Civil Judge (S.D.), ...
2015 Latest Caselaw 5697 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 18
 

 
Case :- MISC. SINGLE No. - 7830 of 2015
 

 
Petitioner :- Smt. Maya Devi & Anr. (U/A-227)
 
Respondent :- Court Of Civil Judge (S.D.), Lucknow & 4 Others
 
Counsel for Petitioner :- Anurag Srivastava
 

 
Hon'ble Anil Kumar,J.

Heard Anurag Srivastava, learned counsel for the petitioners, learned State Counsel and perused the record.

Facts in brief of the present case are that petitioners filed a suit for permanent injunction  registered as Regular Suit No. 3136/2015 along with application under Order 39 Rule 1 and 2 read with Section 151 CPC, in which court below has issued notice to the respondents to file response, till date pending consideration

Learned counsel for petitioner after arguing at some length confines the relief to the extent that a direction may be issued to O.P. No. 1 to decide application under Order 39 Rule 1 and 2  CPC in Regular Suit No. 3136/2015  pending before him  on the next date fixed in the matter in question on 15.01.2016 or within stipulated time as fixed by this Court as the matter could not be decided due to one other pretext without any fault on the part of the petitioners.

For the foregoing reasons, the writ petition is disposed of with a direction to the opposite party No. 1/Civil Judge (Sr. Div.), Lucknow to decide the application under Order 39 Rule 1 and 2  CPC pending in Regular Suit No. 3136/2015  on the date fixed i.e. 15.01.2016 and if not possible on the said date, then within a period of two weeks thereafter after hearing the parties concerned in accordance with law.

It is clarified that this Court has not adjudicated the claim of the petitioner on merit.

Order Date :- 23.12.2015

Ravi/