Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 1969 of 2021 Petitioner :- Ramanuj Charya Respondent :- Shriniwas Sanskrit Utchar Madhiyamik Vidhalaya Counsel for Petitioner :- Vishal Agarwal,Tarun Agrawal Counsel for Respondent :- Bhanu Prakash Verma
Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties and perused the record.
By means of this petition under Article 227 of the Constitution, the petitioner has prayed for setting aside the order dated 12th January, 2021 passed in Original Suit No.- 692 of 2020 (Sriniwas Sanskrit Madhyamic Vidhyala vs. Ramanuj Charya and others) by the Civil Judge, Senior Division, Mathura.
Learned counsel for the petitioner submits that the petitioner is defendant in the suit and ex parte temporary injunction order has been granted in favour of the plaintiff and the defendant has already filed objection along with 6C application under Order XXXIX Rule 4 of the Code of Civil Procedure, 1908 and the same has remained pending before the court concerned.
Sri Bhanu Prakash Verma, learned counsel for the respondent submits that he has no objection in case if a direction is issued for disposal of the pending objection of the defendant in the suit to the temporary injunction within a time bound period, however, the same may be done strictly in accordance with law.
In view of the above, this petition is disposed of with a direction to the court concerned to conclude and decide the objection of the defendant in the suit along with 6C application, under Order XXXIX Rule 4 of the Code of Civil Procedure, 1908 strictly in accordance with law and giving full opportunity of hearing to the appearing parties, as expeditiously as possible preferably within a period of two months from the date of production of copy of this order.
It is provided that a copy of the order available on the official website of the High Court will be taken to be authentic one.
Order Date :- 13.8.2021 Atmesh