Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 919 of 2021 Petitioner :- Mohd. Ashraf Respondent :- Mahmood Ashraf And 13 Others Counsel for Petitioner :- Mohd. Sarwar Khan
Hon'ble Prakash Padia,J.
Heard learned counsel for the applicant.
The petitioner has preferred the present petition under Article 227 of the Constitution of India with the prayer to set aside the order dated 25.11.2016 passed by the Additional Civil Judge (Senior Division) IInd Jaunpur rejecting the plaintiff-petitioner's application under Order XXXIX Rules 1 and 2 C.P.C as well as order dated 22.10.2019 passed by the Additional District Judge, 4th Jaunpur in Misc. Civil Appeal No.117/2016 (Mohd. Ashraf Vs. Mehmood Ashraf & others).
From perusal of the record, it reveals that Suit No.1378 of 2013 (Mohd. Ashraf Vs. Mahmood Ashraf and others) along with the stay application was filed by the present petitioner in the Court of Additional Civil Judge (Senior Division) IInd Jaunpur. A temporary injunction was granted in favour of the applicant by the trial Court on 26.11.2013 but while deciding the same finally, interim injunction application was rejected by the trial Court vide its order dated 25.11.2016. Aggrieved against the aforesaid order, a Misc. Appeal No.117 of 2016 had been preferred by the applicant. The said appeal was also dismissed by the Appellate Court vide its order dated 22.10.2019. Taking advantage of the aforesaid orders, the defendants started selling the property in dispute. Thereafter, an application under Section 151 CPC dated 17.02.2021 has been filed by the petitioner before the trial Court, copy of the same is annexed as Annexure 2 to the supplementary affidavit.
After some arguments, learned counsel for the petitioner confines his prayer only to the effect to direct the court below to decide the application filed by the applicant under Section 151 CPC dated 17.02.2021 expeditiously.
In the facts and circumstances of the case and without entering into merits of the case, the present petition, under Article 227 of the Constitution of India, is disposed of directing the Court below to pass appropriate orders on the aforesaid application filed by the petitioner expeditiously and preferably on the next date fixed. In case, on the said date on account of any reason, the said application could not decide, the court below will decide the same expeditiously and preferably within a period of four weeks thereafter.
Order Date :- 6.10.2021 saqlain