Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 1206 of 2019 Petitioner :- Hazi Nazeer Ahamad Respondent :- Civil Judge (Junior Division) And 7 Others Counsel for Petitioner :- Avanish Kumar Srivastava
Hon'ble Anil Kumar,J.
Heard learned counsel for the petitioner and perused the record.
Since the point involved in the present writ petition is trivial in nature, so the present writ petition is being decided at the admission stage. Accordingly, notice to opposite parties is dispensed with.
Learned counsel for the petitioner submits that initially petitioner filed a Regular Suit No.472 of 2016 (Hazi Nazeer Ahmad Vs. Hazi Abdul Kadeer and others) for permanent injunction in which an application for temporary injunction has been moved before opposite party no.1/ Civil Judge ( Junior Division) Shahar Varanasi, District Varanasi, who by means of dated 12.4.2016 restraining the respondent not to interfere in the possession of the petitioner/plaintiff on the land in question and also not to make any construction over it. Thereafter again a direction was issued by the trial court on 20.4.2016 in this regard. However, in spite of service of said order , respondents have not obeyed the order dated 12.4.2016 and 20.4.2016, so the petitioner moved an application on 10.5.2018 with the prayer that respondent be directed to comply the order dated 12.4.2016 and 20.4.2016 but the same has not been decided till date due to one or other pretext.
Accordingly, learned counsel for the petitioner requests that a direction may be issued to opposite party no.1/Civil Judge (Junior Division) Shahar, Varanasi District Varanasi to decide the Misc. Application (paper No. 86 Ka) dated 10.5.2018 filed in Case no. 472 of 2016 within the time as fixed by this Court.
After hearing learned counsel for the petitioner and going through the record, the writ petition is disposed of with a direction to opposite party no.1/ Civil Judge (Junior Division) Shahar, Varanasi District Varanasi to decide the Misc. Application (paper No. 86 Ka) dated 10.5.2018 filed in Case no. 472 of 2016 ( Hazi Nazeer Ahmad Vs. Hazi Abdul Kadeer and others) within a period of three months from the date a certified copy of this order is produced before it in accordance with law .
Order Date :- 22.2.2019 dk/-