Court No. - 33
Case :- MATTERS UNDER ARTICLE 227 No. - 3879 of 2018 Petitioner :- Smt. Noori Devi Respondent :- Sri Bheem Sen And 3 Others Counsel for Petitioner :- Kiran Tiwari,Mahesh Chandra Tiwari
Hon'ble Jayant Banerji,J.
This petition has been filed for a direction to the Civil Judge (Senior Division), Agra to decide the interim injunction application dated 13 March 2018 filed under Order XXXIX Rule 1 of the C.P.C.
The sole contention of the learned counsel for the petitioner is that an interim junction application that has been filed under Order XXXIX Rule 1 of the Code of Civil Procedure, 1908 in Original Suit No. 252 of 2018 (Smt. Noori Devi Vs Sri Bheem Sen and Others) be decided within stipulated period.
A perusal of the ordersheet that has been enclosed by the petitioner shows that suit itself was filed on 14 March 2018 and on 11 April 2018, the plaintiff was directed to take fresh steps for service of notice upon the defendants and 12 July 2018 is the next date fixed.
Given the fact and circumstances of the case, we are not inclined to issue any direction at this stage to the court below for considering the application for temporary injunction of the petitioner.
In this view of the matter, this petition under Article 227 of the Constitution of India is dismissed.
Order Date :- 28.5.2018 A. V. Singh (Jayant Banerji,J.)