Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5202 of 2018 Petitioner :- Khedan Rai Respondent :- Vijay Shankar Rai And Another Counsel for Petitioner :- Bhrigu Jee Singh
Hon'ble Mahesh Chandra Tripathi,J.
Plaintiff-petitioner is before this Court with a request for a direction to the Civil Judge (Junior Division) West, Ballia to decide the Contempt Case No. 93 of 2016 (Khedan Rai Vs. Vijay Shankar and others).
Learned counsel for the petitioner submits that being aggrieved by the action of the respondents, petitioner filed a Civil Suit No. 752 of 2014 (Khedan Rai Vs. Vijay Shankar Rai and others) on 16.8.2014 along with application of interim injunction in which the court concerned after completing the procedure passed an interim order dated 1.10.2014 in favour of the plaintiff- petitioner and restrained the respondents from making any construction and making any encroachment over the suit land. Even after that when the respondents created hindrance on the spot, petitioner moved an application before the administrative side for strict compliance of the interim order passed by the court below but he has not taken any pain. Thereafter, the petitioner moved an application before the court below under Order 39 of Rule 2A of C.P.C. which was registered as Case No. 93 of 2016 (Khedan Rai Vs. Vijay Shankar and others) on 12.12.2016 in which notices were issued to the respondents however they have not filed their response in the said application and the same is still pending. Hence, this writ petition.
In the facts and circumstances, no useful purpose would be served to keep the writ petition pending and as such, the same stands disposed of asking the Court concerned to consider and decide the interim injunction application pending in aforesaid Suit, in accordance with law, as expeditiously as possible and preferably within six months from the date of production of certified copy of this order, without granting unnecessary adjournment to either of the parties, except upon payment of cost. Meanwhile, the court concerned would be at liberty to decide the application under Order 39 of Rule 2A C.P.C.
Order Date :- 31.7.2018 A.K.Srivastava