Today Advocates are abstaining from work. I have perused the record.
In view of the order proposed to be passed, notices need not issue to the respondents.
The petitioner has preferred the present petition under Article 227 of the Constitution of India inter-alia with the prayer to direct the respondents not to create any hindrance in the peaceful living of the petitioner relating to the nature and possession of the property mentioned in the schedule of the plaint in Original Suit No. 1322 of 2019 (Ruknuddin Vs. Hazi Abdul Kavi & others) and further prayer has been made to direct the Civil Judge (Junior Division) City, Varanasi to decide the interim injunction application bearing paper no. 6C supported with affidavit bearing paper no. 7C in Original Suit No.1322 of 2019 (Ruknuddin Vs. Hazi Abdul Kavi & others) within stipulated period.
In the facts and circumstances of the case the Court is of the opinion that the interim injunction filed by the petitioner before the Civil Judge (Junior Division) City, Varanasi bearing paper no. 6C supported with affidavit bearing paper no. 7C be decided.
In view of the same, without entering into merits of the case, the present petition, under Article 227 of the Constitution of India, is disposed of directing the Civil Judge (Junior Division), City, Varanasi to pass appropriate orders on the aforesaid application filed by the petitioner on the next date fixed. In case, on the said date on account of any reason, the said application could not decide, the Civil Judge (Junior Division), City Varanasi will decide the same expeditiously and preferably within a period of two months thereafter.
Order Date :- 25.2.2021 Swati