Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 9763 of 2018 Petitioner :- Saiyad Merazul Raza Respondent :- Civil Judge (Junior Division) Court No.8 Jaunpur And 3 Others Counsel for Petitioner :- C.P. Dwivedi
Hon'ble Mrs. Sunita Agarwal,J.
Only prayer made in the present petition is to issue a direction to the Civil Judge (S.D.) Jaunpur to decide the application 69-Ga dated 24.01.2017 pending in Original Suit No.317 of 2013(Saiyad Merazul Raza Vs. Sanjai Kumar Seth & others). On a pointed query made by the Court as to what is the purpose of filing of the said application, it is contended by learned counsel for the petitioner that the said application has been filed with the relief that the construction raised by the defendant in violation of the exparte injunction order dated 29.03.2013 be demolished. It was, however, contended by learned counsel for the petitioner that an application under Order 39 Rule 2A of the Code of Civil Procedure has been filed pleading violation of the exparte interim injunction order before the court below, which is pending consideration.
The date of filing of the said application has not been disclosed in the present petition neither the copy of the application under Order 39 Rule 2A has been brought on record. The assertion made in paragraph no.8 of the present petition are not supported by any material on record.
No positive direction as such can be given.
However, it is kept open for the court below to examine as to whether the application under Order 39 Rule 2A CPC is pending before it and in case of any such application having been filed by the plaintiff/petitioner herein, the court below shall make an endeavour to decide the same, as expeditiously as possible after giving due opportunity to the defendants to submit their objections.
Disposed of.
Order Date :- 25.1.2019 Himanshu