Order on Civil Misc. Modification Application No. 01 of 2020 Heard learned counsel for the petitioners and learned counsel for the respondents.
The present application has been filed seeking modification of the order dated 19.12.2019 wherein directions were issued to the Civil Judge, (Senior Division) Saharanpur to decide the Application No. 6-C dated 08.05.2018 expeditiously, preferably within a period of one month.
The present application has been filed after about 3 months of the said order on the ground that three applications for issuance of a Amin are pending consideration and they should be decided prior to deciding the injunction application.
The counsel for the applicants relied upon a judgement of this Court in the Case of Arun Kumar Tiwari vs. Smt. Deepa Sharma, 2006 (24) LCD 920 wherein this Court had observed that when the court fees has not been paid, the question of court fees should be decided along with injunction application. The said judgement has no relevance with the facts pleaded in the present application. It is well settled that the injunction cannot be kept pending as has been the facts in the present case for a period of more than two years.
The application is devoid of merit and is rejected.
The Civil Judge, (Senior Division) Saharanpur is remanded that he is bound to comply with the order dated 19.12.2019 in accordance with law. Any dereliction on that part shall be viewed seriously by this Court.
Order Date :- 10.2.2021 Puspendra