Heard learned counsel for the petitioner.
The petitioner has preferred the present petition, inter-alia, with a prayer to direct the Civil Judge (S.D.) Bareilly, to decide the recall application filed by the present petitioner, who is Defendant No.4 in the Suit No.160 of 2012 (Gopal Dikshit Vs. Sri Ram Kishore and others) within stipulated period.
In view of the order proposed to be passed, notices need not go to the private respondents.
It is argued by learned counsel for the petitioner that against an ex-parte interim injunction granted by the Trial Court in favour of the plaintiff-respondent dated 28.07.2014, the recall application was filed on 21.02.2019 by the present petitioner alongwith other defendants under Section 151 C.P.C.It is further argued that though large number of dates were fixed in the case but till date no order has been passed. It is further argued that since the matter is pending consideration before the court below for a long time the petitioner is suffering irreparable loss.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the court below to consider and decide the aforesaid suit in accordance with law expeditiously within a period of four months but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties.
Order Date :- 10.2.2021 pks