Gulab Singh And 3 Others vs State Of U.P. And 8 Others
2016 Latest Caselaw 5674 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 6222 of 2016
 

 
Petitioner :- Gulab Singh And 3 Others
 
Respondent :- State Of U.P. And 8 Others
 
Counsel for Petitioner :- Archit Mandhyan
 
Counsel for Respondent :- C.S.C.,Jata Shankar Pandey
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the petitioners, Sri Jata Shankar Pandey learned counsel for the respondent No. 6 and 7 and the leaned Standing Counsel for the State.

Present petition has been filed seeking a direction to the Civil Judge (Senior Division) Agra to consider and decide interim  injunction application(Paper No. 8C) filed by the petitioners in Suit NO. 634 of 2016 under Order 39 Rule1 and 2 C.P.C., expeditiously, preferably within the time stipulated by this Court.

It is contended by learned counsel for the petitioners that as per Amin Report copy of which has been filed as annexure-3, constructions are being carried on by the private respondents over the property in question and the interim injunction application of the petitioner filed under Order 39 Rule 1 and 2 CPC is still pending consideration before the Civil Judge (Senior Division) Agra.

After hearing the learned counsel for the petitioners,Sri Jata Shankar Pandey learned counsel for the respondent No. 6 and 7 and the leaned Standing Counsel for the State and after perusing the material on record, this Court is of the opinion that no useful purpose would be served in keeping this petition pending, accordingly this petition is finally disposed of with a direction to the Civil Judge (Senior Division) Agra to consider and decide interim  injunction application(Paper No. 8C) filed by the petitioners in Suit NO. 634 of 2016 under Order 39 Rule1 and 2 C.P.C., if already not decided, most expeditiously, strictly in accordance with law, after hearing the parties, on the next date fixed, provided the proceedings are not stayed by any Court of law.

Learned counsel for the parties states that the parties will not seek adjournment on the next date fixed before the court below. 

Order Date :- 5.9.2016

faraz