Learned counsel for the petitioner is permitted to correct the prayer clause in the writ petition during the course of the day.
In view of the order proposed to be passed, notices need not issue to the respondents.
The petitioner is before this Court for a direction to the Civil Judge (Senior Division) Prayagraj (Allahabad) to decide the application filed by the petitioner-plaintiff under Order 39 Rule 1 C.P.C. readwith Section 151 C.P.C. in Original Suit No.138 of 2016 within stipulated period.
It is argued by the learned counsel for the petitioner that earlier a petition under Article 227 of the Constitution of India was preferred by the present petitioner being Matter Under Article 227 No.4743 of 2016. The said case was finally decided by a coordinate Bench of this Court vide judgement and order dated 14.07.2018. The said order reads as under:-
"Heard learned counsel for the petitioner and learned A.G.A. for the State.
The present writ petition has been filed for a suitable direction to the Civil Judge (Senior Division), Allahabad to decide the application of the petitioner under Order 39 Rule 1 C.P.C. read with Section 151 C.P.C. pending in Original Suit No.138 of 2016, pending in the Court of Civil Judge (Senior Division), Allahabad, within stipulated period.
No useful purpose would be served in keeping the petition pending, which is finally disposed of with a direction to Civil Judge (Senior Division), Allahabad to consider and decide the application of the petitioner under Order 39 Rule 1 C.P.C. read with Section 151 C.P.C. pending in Original Suit No.138 of 2016, pending in the Court of Civil Judge (Senior Division), Allahabad, most expeditiously, preferably within a period of six months from the date of production of certified copy of this order, in accordance with law, after hearing the concerned parties, without granting unnecessary adjournment to either of the party, in case the proceedings of the aforesaid case, is not stayed by any Court."
It is further argued that though the aforesaid order was duly served by the petitioner but till date no final decision has been taken in the matter.
Heard learned counsel for the petitioner and perused the record.
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 filed by the petitioner for the grant of interim injunction, positively in accordance with law expeditiously and preferably within a period of three months from the date of production of self attested computer generated copy of this order downloaded from the official website of High Court Allahabad but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties, if there is no legal impediment.
Order Date :- 7.1.2021 Radhika