Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 8029 of 2018 Petitioner :- Smt. Rajmani Devi And Another Respondent :- Civil Judge (Senior Division), Chandauli And 06 Others Counsel for Petitioner :- Thakur Azad Singh
Hon'ble Mrs. Sunita Agarwal,J.
None appears for the petitioner to press the present petition.
The petitioners herein are defendants (1st set) in Original Suit No.459 of 2016 (Gopal Das Vs. Smt. Rajmani Devi & others). In the said suit, an exparte interim injunction order dated 10.11.2016 has been granted as against the defendants. It is contended that the petitioners/defendants (Ist set) in the aforesaid suit had appeared and filed their objections to the temporary injunction application, however, the matter is being prolonged for the adjournment being sought by the plaintiff and as a result of it, the objections of the defendants (1st set) vide application 17-Ka to the temporary injunction application 7-Ga/2 have not been decided. The plaintiff has succeeded in getting the exparte interim injunction order extended.
Prayer in the present petition is to issue a direction to the court below namely the Civil Judge (S.D.) Chandauli to decide the application 17-Ka in the pending suit.
Perused the order sheet, without expressing any opinion on the merits of the claim made by the petitioners, the present petition is being disposed of with the direction that the court below shall make an endeavour to decide the temporary injunction application 7Ga-2 in Original Suit No.459 of 2016 (Gopal Das Vs. Smt. Rajmani Devi & others) after considering the objections filed by the defendants (Ist set) namely the application 17-Ka, expeditiously, preferably within a period of two months from the date of submission of certified copy of this order.
Order Date :- 26.10.2018 Himanshu