Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 583 of 2019 Petitioner :- Ram Avtar And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Gopal Krishna Pandey Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
The facts recorded in the order of the first appellate court that the trial court has proceeded to grant temporary injunction vide order dated 4.8.2018 by preponing two dates fixed for disposal of substitution application paper no.52ka2 on 17.4.2018, are not disputed in this petition.
It is also admitted to the petitioners that ex-parte injunction order granted on 5.3.1999 remained operative only till 20.12.2000 and it was not extended thereafter.
Learned counsel for the petitioners could not demonstrate the reason as to why, the temporary injunction application remained pending for so long and what was the occasion for the trial court to decide the same by preponing the dates fixed for disposal of substitution application filed to substitute the heirs of defendant no.5 who had died during the pendency of the proceedings.
In view thereof, no infirmity cannot be attached to the order of the first appellate court.
The trial court is however, directed to make an endeavour to decide the substitution application first and then the temporary injunction application, in accordance with law, as expeditiously as possible.
Subject to the above, the present petition is dismissed.
Order Date :- 22.2.2019/Harshita