Heard learned counsel for the petitioner. Notice on behalf of opposite party nos. 2, 3 and 4 has been accepted by the office of the learned Chief Standing Counsel.
In view of the order proposed by the Court, notice on the private respondents are dispensed with since they are proforma opposite parties and actually the were the co-plaintiffs along with the petitioner.
By means of the instant petition, the petitioner prays that his application under Section 39 Rule 1 & 2 is pending before the Court of Civil Judge, Junior Division, Barabanki in R.S. No. 265 of 2020 (Ram Kunwar and Others Vs. State of U.P. and Others) be decided expeditiously.
The submission of learned counsel for the petitioner is that he along with private respondents nos. 5 and 6 as plaintiff has instituted a suit in the Court of Civil Judge, Junior Division, Court No. 3, Barabanki which is registered as R.S. No. 265 of 2020. The notices were issued to the respondents who are State-authorities, however, despite time having been granted, yet they have not filed any pleadings nor any objection and on the other hand they are delaying the proceedings whereas the application under Order 39 Rule 1 and 2 C.P.C. filed by the petitioner is pending. It has been informed that the next date fixed in the matter is 26.04.2021.
It is in the aforesaid backdrop that the petitioner has approached this Court that the matter has been fixed for a long date and the application under Order 39 Rule 1 and 2 C.P.c. has yet not been considered. In the meantime, the petitioner is under threat from the State-respondents.
The learned Standing Counsel submits that he shall instruct the State-authorities appearing in the said civil suit to complete their pleading and shall cooperate in the disposal of the application filed under Order 39 Rule 1 & 2 C.P.C.
In view of the aforesaid, this Court is of the view that ends of justice can be served by directing the Civil Judge, Junior Division, Court No. 13, Barabanki to consider and decide the application Under Order 39 Rule 1 & 2 C.P.C. pending in R.S. No. 265 of 2020 most expeditiously.
It is further provided that the State-authorities shall file their objections within a period of two weeks from today before the Court concerned. The petitioner shall have a week's time thereafter for filing his reply. Once the pleadings are complete on the Application under Order 39 Rule 1 & 2 C.P.C, the Court shall make an endevour to decide the same within a period of two weeks, however, the liberty is granted to the petitioner to make an application for pre-ponement of the date along with a copy of this order, in case if the application is made, the Court shall consider the same in light of the directions above.
It is made clear that the Court has not examined the case of the either of the parties on merits and the authorities shall be free to pass the order strictly in accordance with law.
With the aforesaid, the petition stands disposed of.
Order Date :- 11.2.2021 Asheesh