Mohananand" vs Prahalad Singh Mehta". The
2021 Latest Caselaw 2478 UK

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                                     WPMS No.1359 of 2021
                                     Hon'ble Sharad Kumar Sharma, J.

(Via video conferencing).

Mr. Anand Kumar Pandey, Advocate, for the petitioner.

The petitioner is a plaintiff in a suit being Suit No.22 of 2021, "M.K. Tiwari @ Swami Mohananand" Vs. Prahalad Singh Mehta". The suit, thus, instituted by the plaintiff on 20.04.2021, accompanied with it an application under Order 39 Rule 1 and 2 of the CPC, seeking a temporary injunction, as against the defendants in relation to the property, which was the subject matter of the dispute in the suit. On the said application, the learned Trial Court has issued the notices under Order 39 Rule 3 of the CPC, and no ex-parte temporary injunction has been granted.

In that eventuality, the petitioner has filed this writ petition contending thereof, that since there is an imminent threat of wrongful interference at the hands of the defendants to the suit, his application under Order 39 Rule 1 and 2 of the CPC, ought to have been considered expeditiously.

Without venturing into the merits of the matter, this Court is of the view that the pending application of the petitioner, could be considered by the Court of Civil Judge, (Senior Division), Champawat, before whom the Suit No.22 of 2021, "M.K. Tiwari @ Swami Mohananand" Vs. Prahalad Singh Mehta" is pending consideration.

Hence, the aforesaid court of Civil Judge, Senior Division, Champawat, is requested to decide the said injunction application of the petitioner, within a period of two months from the date of the production of the certified copy of this judgment.

In case, if there is any another date already fixed prior to the expiry of the aforesaid period fixed by the court of Civil Judge, (Senior Division), Champawat, it will make efforts to decide the application itself on that date or at the most within a period of two months from today.

Subject to the above observations, the writ petition stands disposed of.

(Sharad Kumar Sharma, J.) 19.07.2021

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