Court No. - 13
Case :- MATTERS UNDER ARTICLE 227 No. - 3157 of 2019 Petitioner :- Smt. Rajmati And Another Respondent :- Amar Nath Singh And 4 Others Counsel for Petitioner :- Sheo Shankar Tripathi,Adya Prasad Tewari
Hon'ble Saurabh Shyam Shamshery,J.
Petitioners are represented by Shri.Adya Prasad Tewari, Advocate. He submits that the petitioners are plaintiffs in Suit No.1158 of 2016, (Smt. Rajmati And Another Vs. Amar Nath Singh & Others), pending before the Civil Judge (Junior Division), Gorakhpur. He further submits the the respondents/defendants were served which is reflected in the order dated 20.9.2016. Later on, the matter was proceeded ex- parte by order dated 14.2.2017. Subsequently, the said ex-parte order was set-aside vide order dated 31.7.2017. Thereafter, the respondents/defendants are not co-operating and are indulging in delaying tactics and due to this the application for temporary injunction 7-C is still pending. The said submission has been made on the basis of the Order Sheet annexed as Annexure No.3 to this petition.
Considered the submissions made at bar and perused the record.
This writ petition stands disposed of with the direction upon the learned trial court to decide the pending application for temporary injunction 7-C expeditiously, within a period of six months from the date of filing a certified copy of this order before it, without granting any unnecessary adjournment to either of the parties.
While deciding the above-mentioned application for temporary injunction 7-C, the learned trial court may also take into consideration the judgment passed by the Hon'ble Supreme Court in the matter of M/s. Shiv Cotex Versus Tirgun Auto Plast P. Ltd and others 2011 (89) ALR, 232.
Order Date:-26.4.2019-SB