Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5913 of 2018 Petitioner :- Haribans Tripathi Respondent :- Civil Judge Junior Division Gansgaon District Gorakhpur And Another Counsel for Petitioner :- Akhilesh Kumar Mishra,Aditya Shukla
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
Learned counsel for the petitioner is permitted to make correction in the array of parties in the memo of writ petition.
In view of the order proposed to be passed, notices need not go to private respondent.
The plaintiff-petitioner is before this Court for a direction to first respondent to decide Civil Suit No.981 of 2012 within stipulated period.
Learned counsel for the petitioner states that the aforesaid suit has been filed by the plaintiff-respondent in which exparte injunction has been accorded on 17.10.2012 under Order 39 Rule 1 & 2 CPC. After receiving information the petitioner filed objection on 7.11.2012 but the same has not been decided as yet and as such this Court should come for rescue and reprieve of the petitioner.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the issue, the writ petition stands disposed of finally with a direction to first respondent to consider and decide the interim injunction application in the aforesaid suit in question after considering the objection so filed by the petitioner and in accordance with law expeditiously and preferably within a period of six months from the date of production of certified copy of this order but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties, except upon payment of cost.
Order Date :- 21.8.2018 SP/