Court No. - 33
Case :- MATTERS UNDER ARTICLE 227 No. - 3860 of 2018 Petitioner :- Ashok Kumar Singh Respondent :- Additional District Judge,Court No.2, Kushinagar And 18 Others Counsel for Petitioner :- Rishi Kant Rai,Hari Om Ojha
Hon'ble Jayant Banerji,J.
The plaintiff-respondent had filed a suit for permanent injunction being Original Suit No. 552 of 2002 in the Court of Civil Judge (Junior Division), Kushinagar at Padrauna. In the aforesaid civil suit an application under order XXXIX Rule 1 of the Code of Civil Procedure was filed praying for seeking relief an interim injunction.
By means of an order dated 2 December 2009, the application of the plaintiff-respondent under Order XXXIX Rule 1 Code of Civil Procedure was rejected. Thereafter, the plaintiff- respondent filed Misc. Civil Appeal No. 7 of 2010 in the Court of Additional District Judge, Court No. 2, Kushinagar at Padrauna. A certified copy of the ordersheet has been enclosed as Annexure No. 4 to this petition.
It is evident that the Misc. Appeal is pending since more than seven years.
The sole contention of the learned counsel for the petitioner is that the Misc. Civil Appeal No. 7 of 2010 may be decided at an early date.
In view of the facts and circumstances given that a suit itself was filed in the year 2002 and the application under Order XXXIX Rule 1 of Code of Civil Procedure came to be rejected on 2 December 2009 and the Misc. Civil Appeal under Order XXXXIII of the Code of Civil Procedure is pending since January 2010, we deem it fit to direct the court below to decide the aforesaid Misc. Civil Appeal No. 7 of 2010 expeditiously and preferably within a period of six months from the date the petitioner furnishes a certified copy of the order along with an appropriate application before the competent court below.
With the aforesaid observation, this writ petition is disposed of.
Order Date :- 28.5.2018 A. V. Singh (Jayant Banerji,J.)