Heard learned counsel for the petitioner.
In view of the order proposed to be passed, notice need not be issued to respondents.
The petitioner has preferred the present petition under Article 227 of the Constitution of India with the prayer to issue a direction to the Civil Judge (Junior Division) Gorakhpur to decide the interim application 7 C dated 01.09.2016 filed in Original Suit No.1504 of 2016 (Sank Kumar Vs. Bhanmati and others) under Sections 31, 37 & 38 of Special Reliefs Act.
It is argued by learned counsel for the petitioner that apart from the aforesaid suit, an application 7C has also preferred by him for grant of interim protection. It is argued that the interim protection is urgently required. It is argued that large number of dates were fixed in the matter but till date no final decision has been taken on the same.
Heard learned counsel for the petitioner and perused the record.
In the facts and circumstances of the case and 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) Gorakhpur to pass appropriate orders on the application 7 C 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) Gorakhpur will decide the same expeditiously and preferably within a period of two months thereafter.
Order Date :- 5.2.2021/saqlain