Heard learned counsel for parties.
Learned counsel for petitioner confines his prayer only to consider and decide the application of the petitioner (paper no. C-7), under Order XXXIX Rules 1 and 2, read with section 151 of the Code of Civil Procedure, filed alongwith Regular Suit No. 1524 of 2013 (Dr. Abdul Rahman Khan vs. Mahraj Singh Inter College and others) at an early date, so fixed by this Court.
Submission of learned counsel for petitioner is that the petitioner has filed the aforesaid Regular Suit on 12.11.2013 along with an application for grant of ad-interim-injunction (paper no. C-7), upon which notices were issued to the defendants and they have put in their appearance. The defendants instead of filing objection to the said application, are filing applications one after the other, so as to delay the disposal of the aforesaid application, with a view to succeed in their ill design and to evict the petitioner forcibly from the shop in question. Thus, the inaction on the part of the opposite party is unwarranted, hence this petition.
Taking into consideration the submission of learned counsel for petitioner, the instant writ petition is being disposed of with a direction to the Civil Judge (Junior Division), Bahraich to make an earnest endeavour to consider and decide the aforesaid application of the petitioner (paper no. C-7), on the next date fixed in the suit or within a period of one month, which ever is earlier and till then, the parties shall maintain status quo as exists today.
Subject to aforesaid direction, the writ petition is disposed of finally.
Order Date :- 14.2.2014 Vijay