This is a defendants' petition seeking a prayer to command the Civil Judge (Jr.Division), Shahganj, Jaunpur to decide the temporary injunction application filed by the plaintiff-respondents along with the suit.
It is contended that initially the plaintiff-respondent filed suit no.546/11 on 19.5.11 along with temporary injunction application and when they failed to obtain ex pate temporary injunction, another suit no.558/11 was filed making slight change in the description and area of the subject matter of the suit though in effect the suit property is the same.
It is further contended that defendant petitioners immediately filed objection to the temporary injunction application and the proceedings have been adjourned to 26.7.11. Learned counsel for the petitioners has stated that the court of Civil Judge, (Jr.Division) Shahgaj, Jauupur is lying vacant and the incumbent has proceeded on maternity leave and the proceedings are transferred to the Incharge, Civil Judge (Jr.Division) where on account of heavy work load, it will not be possible for decision of the temporary injunction application and taking advantage of the temporary injunction illegally obtained by plaintiff-respondents, the entire construction work of the petitioner- defendants is withheld.
Considering the facts, this writ petition is disposed of with the direction to the Civil Judge, Jr.Division, Shahganj, Jaunpur or any other transferee court where the proceedings may be transferred to make all possible endeavor to consider and decide the temporary injunction application on the next date fixed, which is said to be 26.7.11. However, if for any unforeseen reason the matter is to be adjourned on the said date, then a very short adjournment shall be given and in any case the temporary injunction application shall be decided within two weeks thereafter.
It is being made clear that the court has not adjudicated upon the merits of the matter and the same shall be considered on its own merits without being influenced by any of the observations made in this order.
Let a copy of this order be provided to the learned counsel for the petitioners within 24 hours on payment of usual charges.
Order Date :- 20.7.2011 SM