Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 9688 of 2018 Petitioner :- Mohd. Asad Ansari And Another Respondent :- Civil Judge And 3 Others Counsel for Petitioner :- Vineet Kumar Singh,Shri H.N. Singh, (Senior Advocate),Triloki Nath
Hon'ble Mrs. Sunita Agarwal,J.
Heard Sri H.N. Singh learned Senior Counsel assisted by Sri Triloki Nath for the petitioner and perused the records.
A perusal of the order sheet indicates that the temporary injunction application is pending consideration in Original Suit No.275 of 2016 and on 14.05.2018, the court below has refused to extend the exparte injunction granted in favour of the plaintiffs on the ground that the plaintiffs and their counsel did not appear for arguments on 6-C application.
Only prayer made in the present petition is to issue a direction to the court below to decide the temporary injunction application (6-C) within a stipulated period.
At this stage, learned counsel for the petitioner/plaintiff submits that the petitioners are ready to given an undertaking that they will not seek any adjournment before the court below.
Having noticed the fact that the temporary injunction application is pending as also an application 52-Ga has been filed under Order 1 Rule 10 of the Code of Civil Procedure to bring on record the transferee of the plaintiffs, the present petition is being disposed of with the direction to the court below namely Civil Judge (S.D.), Varanasi to decide both the applications pending in Original Suit No.275 of 2016 (Mohd. Asad Ansari & another Vs. Krishna Singh & others) together, preferably on the next date fixed or on a short date to be fixed within a further period of three weeks, thereafter, without granting any unnecessary adjournment to any of the parties..
Order Date :- 22.1.2019 Himanshu