Court No. - 38
Case :- MATTERS UNDER ARTICLE 227 No. - 1377 of 2019 Petitioner :- Smt. Ramwati Pandey Respondent :- Civil Judge (Junior Division) Garvi Allahabad And 3 Others Counsel for Petitioner :- Dhiraj Kumar Pandey,Ravi Kant Shukla
Hon'ble Jayant Banerji,J.
Heard Sri Ravi Kant Shukla, learned counsel for the plaintiff-petitioner.
By means of this petition, the petitioner seeks a direction to the Civil Judge (Junior Division), Garvi, Allahabad to decide the Application dated 12.9.2013 filed in O.S. No. 323 of 2012 (Smt. Ramvati Vs. Umashankar Shukla and others) within a stipulated time.
The suit was filed by the plaintiff seeking a relief of injunction in respect of an area demarcated in red in the suit map. It is contended that by means of an order dated 13.7.2012, the court had temporarily injuncted the parties to maintain status quo and not to make any fresh construction. Thereafter, an application dated 12.9.2013 was filed by the petitioner-plaintiff praying for a direction to the defendants not to create any nuisance on the suit property. This application, it is stated, was numbered as 69-C.
As per certified copy of the order sheet filed by the petitioner along with this petition, on 3.10.2017 after noticing that the sufficient time had been granted to the defendants who were not present, the plaintiff was heard on the application and for delivery of order, 12.10.2017 was fixed. However, on 12.10.2017, the matter was directed to be put up on 25.10.2017 for re-hearing. Then on 6.2.2018 again the application was heard and 19.2.2018 was fixed for delivery of order. However, thereafter, no orders have been passed therein.
Considering the facts and circumstances of the case, the court below is directed to decide the application 69-C filed by the petitioner-plaintiff dated 12.9.2013 expeditiously and preferably within a period of three months from the date a certified copy of this order is produced before him after providing opportunity of hearing to the parties concerned.
With the aforesaid observations, this petition stands disposed of.
Order Date :- 28.2.2019 sfa/ (Jayant Banerji, J)