Court No. - 42
Case :- MATTERS UNDER ARTICLE 227 No. - 9839 of 2019 Petitioner :- Mohd Sabir Respondent :- Javed And 7 Others Counsel for Petitioner :- Sunil Kumar,Parth Sharma Counsel for Respondent :- Ashish Mishra
Hon'ble Mrs. Sangeeta Chandra,J.
(1) Heard the learned counsel for the parties and perused the record.
(2) This petition has been filed by the petitioner praying for a direction to be issued to the learned Trial Court to decide the Original Suit No.80 of 2019 (Mohd. Sabir Vs. Javed and Others) said to be pending before the Civil Judge (Junior Division),Sikandrarau, District Hathras, expeditiously.
(3) From a perusal of the copy of the order-sheet filed by the petitioner, it is evident that the Suit was filed on 23.07.2019 for declaration and also for permanent injunction against the defendants respondents alongwith an Application for temporary injunction.
(4) Looking into the facts and circumstances of the case, learned Trial Court postponed the hearing on the application for temporary injunction till notice was served on the defendants and their objections were filed. A date was fixed thereafter, for the Ameen to submit his report of on the spot inspection. On the later dates fixed in the matter either the Presiding Officer was on leave or the lawyers were abstaining from work. On the last date fixed i.e. 30.11.2019 an application for amendment of the plaint was moved by the learned counsel for the petitioner/plaintiff.
(5) This Court in such circumstances, cannot issue any direction to the learned Trial Court to expedite the hearing in Suit in question. In case, summons have been duly served upon the defendants-respondents, they may be given an opportunity to file their objections to the application for temporary injunction and then the application for temporary injunction be considered by the learned Trial Court expeditiously.
(6) Writ petition stands disposed of.
Order Date :- 17.12.2019 PAL