Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 4989 of 2021 Petitioner :- Ravindra Singh Solanki Respondent :- Maan Singh Counsel for Petitioner :- Vikrant Rana
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner.
In view of the order proposed to be passed, notices need not go to the private respondents.
The petitioner has confined his prayer only to the effect that a direction be issued to the Civil Judge (S.D.), Saharanpur to decide the application dated 19.01.2021 filed under Order 39 Rule 1, 2 read with Section 151 C.P.C. (6C-2) within stipulated period.
It is argued by counsel for the petitioner that original suit no.49 of 2021 was filed by one Maan Singh, who is opposite party in the present petition. In the said suit an interim injunction was granted in his favour on 19.1.2021. Aggrieved against the aforesaid, an application was immediately filed to vacate the aforesaid interim injunction. It is further argued that though large number of dates were fixed but till date interim injunction is continuing.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the court below to consider and decide the aforesaid application in accordance with law on the next date fixed in the matter after hearing all the parties concerned. If on account of any reason no orders were passed on the aforesaid date, the decision will be taken on the aforesaid application preferably within a period of four months, thereafter.
Order Date :- 30.9.2021 Pramod Tripathi