AO/27/2020
2021 Latest Caselaw 3470 UK

             Office Notes, reports,
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                                      AO No.27 of 2020
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Yogesh Upadhyay, Advocate holding brief of Mr. Kaushal Sah Jagati, Advocate for the appellant.

Ms. Anju Mehta, Advocate holding brief of Mr. D. Barthwal, Advocate for the respondent.

This appeal from order was preferred by the plaintiff/appellant, being aggrieved as against the impugned order dated 02.11.2019, passed by the court of Civil Judge (Senior Divsion), Kashipur, District Udham Singh Nagar whereby the application for the grant of temporary injunction under Order 39 Rule 1 & 2 of the C.P.C. was rejected.

This appeal from order was finally disposed of by the Coordinate Bench of this Court vide its judgment dated 09.01.2020 and the following direction was issued:-

"Although no interference is being called for by this Court in the matter, however, considering the nature of the case, the appeal is disposed of with a direction to the court below to decide the suit as expeditiously as possible, and if possible, day-to-day hearing be given, but in any case the suit shall be decided within a period of six months from the date of production of a certified copy of this order.

Meanwhile, the construction, if any, which is being raised on the property and is still a subject of the suit, shall be done by the Uttarakhand Power Corporation at its own risk."

Today, the matter is listed on a time extension application, which has been preferred on an administrative side by the Civil Judge (Junior Division), Udham Singh Nagar, praying for an extension of time to comply with the direction, of deciding the matter itself in compliance of the judgement of 09.01.2020.

Having considered the reasons given in the application submitted on administrative side, the time thus granted by the Coordinate Bench of this Court vide its order dated 09.01.2020, for deciding the suit itself, that is extended for further period of three months only and it is made clear that no further extension would be granted to the learned trial court, who has been directed to decide the matter, as permitted, by the above order.

Subject to the above, Time Extension Application No.399 of 2021 stands disposed of.

(Sharad Kumar Sharma, J.) 06.09.2021 Arti