The petitioner has sought for the following relief:
"(i) To direct the learned Civil Judge (Junior Division), Mirzapur to decide Civil Suit No. 955 of 2017 (Ram Shankar Singh Vs Jay Shankar Singh) within a stipulated period of time which is fixed by this Hon'ble Court.
(ii) To direct the respondent no. 2 to 7 not to interfere in the peaceful possession of the petitioner over the Gata No. 1/3 (suit property) during the pendency of Civil Suit No. 955 of 2017 (Ram Shankar Singh Vs Jay Shankar Singh)."
Sri Shrawan Kumar Pandey, learned counsel for the petitioner does not press the relief sought in the writ petition. He recasts his relief.
The only prayer made by Sri Shrawan Kumar Pandey, learned counsel for the petitioner is that the urgent application for interim injunction registered as Application No. 6-C be decided within a stipulated period of time considering the urgency of the matter.
The petitioner had filed 6-C application along with the plaint by instituting a suit in the year 2017. The 6-C application was not decided. In the meantime certain developments intervened causing the petitioner to move an application for urgent interim relief which came to be registered as 19-Ga. This has been noticed by the learned trial court on 15.10.2020.
The failure of the learned trial court to decide the application for interim injunction even though it was filed more than three years ago is not understandable. It is on account of pendency of the stay application that the emergent position has arisen which compelled the petitioner to file an application registered as Application no. 19-Ga (the supporting affidavit being 21-Ga).
The learned trial court has to decide the applications within a expeditious and reasonable time frame period to ensure that the stay application does not become an illusory remedy.
In light of the preceding discussion, the learned trial court/Civil Judge (Junior Division), Mirzapur is directed to decide the application for interim injunction registered as Application No.6-C/19-Ga in Suit No. 955 of 2017 (Ram Shankar Singh Vs Jay Shankar Singh) in accordance with law, preferably within a period of one month from the date of production of a computer generated copy of this order downloaded from the official website of the High Court of Judicature at Allahabad. The computer generated copy of such order shall be self attested by the party concerned. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that in case the functioning of the court is disrupted due to COVID-19 pandemic this order shall become operative only after the resumption of the normal functioning of the court.
With the aforesaid direction, the petition is finally disposed of.
Order Date :- 17.2.2021 Pravin