Court No. - 35
Case :- MATTERS UNDER ARTICLE 227 No. - 4941 of 2019 Petitioner :- Ram Pratap Respondent :- 7th Additional Civil Judge (Junior Division) Basti And Another Counsel for Petitioner :- Harish Kumar Shukla
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Harish Kumar Shukla, learned Counsel for the petitioner.
Contention of the petitioner is that a suit for permanent injunction was filed by the petitioner in the year 2012. An application for temporary injunction (6-C) was filed on 5.7.2012, in which notices were issued but till date, same has not been decided.
It is contended that another application was moved on 28.5.2019 by the petitioners but the same is pending due to fact that the Court of 7th Additional Civil Judge (Jr.D.), Basti is lying vacant for last about 3 years.
Contention of the petitioner is that defendant-respondent is making construction over the land in dispute. It is further contended that the next date fixed in the matter is 17.7.2019. A direction is sought for disposal of the temporary injunction application by the Court below.
In view of the said fact, it is expected that the Court below shall make every endeavour to decide the said application for temporary injunction on the next date fixed.
In case the Court of 7th Additional Civil Judge (Jr.D.), Basti is vacant, petitioner may move appropriate application before the District Judge, Basti for transferring the case to some other Court.
With the aforesaid observation, writ petition stands disposed of. Order Date :- 27.6.2019 S. Singh