Heard learned counsel for the petitioner and perused the record.
In view of the order proposed to be passed, notice need not be issued to respondents.
The petitioner has preferred the present petition under Article 227 of the Constitution of India with the prayer to issue a direction to the court below to decide the application of petitioner filed under Order 39 Rule 1 and 2 CPC filed in Original Suit No. 352 of 2020 (Harish Chandra Pandey vs. Vijai Narain Pandey and Others) within stipulated period.
It is argued by learned counsel for the petitioner that apart from the aforesaid suit, an application has also preferred by him for grant of interim protection. It is argued that the interim protection is urgently required. It is argued that large number of dates were fixed in the matter but till date no final decision has been taken on the same.
In the facts and circumstances of the case and without entering into merits of the case, the present petition, under Article 227 of the Constitution of India, is disposed of directing the concerned court below to pass appropriate orders on the application filed by the petitioner on the next date fixed i.e. 18.02.2021. In case, on the said date on account of any reason, the said application could not decide, the concerned court below will decide the same expeditiously and preferably within a period of 15 days thereafter.
Order Date :- 28.1.2021 Swati