Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 3772 of 2021 Petitioner :- Shiv Shankar Pandey And Another Respondent :- Hari Shankar And Another Counsel for Petitioner :- Virendra Kumar Yadav
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioners.
In view of the order proposed to be passed, notices need not be issued to the respondents.
The petitioners have preferred the present petition under Article 227 of the Constitution of India with the prayer to direct the Civil Judge (Junior Division) Hawali Varanasi to comply with the order dated 17.02.2021 passed in Matters Under Article 227 No.4917 of 2020 (Shiv Shankar Pandey And Another Vs. Civil Judge (Sr. Div.) and 2 others).
It is argued by learned counsel for the petitioners that considerable time has been lapsed but till date the aforesaid order has not been complied with and prays for a direction to comply with the aforesaid order expeditiously.
The order dated 17.02.2021 passed in Matters Under Article 227 No.4917 of 2020 (Shiv Shankar Pandey And Another Vs. Civil Judge (Sr. Div.) and 2 others) is quoted below:-
"Sri Virendra Kumar Yadav, learned counsel for the petitioners contends that the defendants in the suit have entered appearance. In case the substitution application and 6-C application are not decided within a reasonable time frame it will result in a miscarriage of justice.
The only prayer made by Sri Virendra Kumar Yadav, learned counsel for the petitioner is that the substitution application and application for interim injunction registered as Application No. 6-C in Original Suit No. 1712 of 2018 (Shiv Shankar Pandey Vs Hari Shankar and another) pending before the learned Civil Judge (Junior Division), Hawali, Varanasi be decided within a stipulated period of time.
I see merit in the submission of Sri Virendra Kumar Yadav, learned counsel for the petitioner that inordinate delay in deciding an application for interim injunction would defeat its very purpose. The courts have to take all measures to decide the applications for interim injunction on priority and expeditiously, in accordance with law.
In such view of the matter, the learned trial court/Civil Judge (Junior Division), Hawali, Varanasi is directed to decide the substitution application and application for interim injunction registered as Application No. 6-C in Original Suit No. 1712 of 2018 (Shiv Shankar Pandey Vs Hari Shankar and another) in accordance with law, preferably within a period of three months from the date of receipt of a certified copy of this order.
It is clarified that in case the functioning of the court is disrupted due to COVID- 19 pandemic this order shall become operative only after the resumption of the normal functioning of the court.
With the aforesaid direction, the petition is finally disposed of."
From perusal of the record and other circumstances, this court is of the opinion that due to Covid-19 and other circumstances, the court below would not function properly despite this, it is expected from the authorities to comply with the order of this Court in its letter and spirit.
In this view of the matter and considering the facts and circumstances of the case, one more opportunity is afforded to the court below to comply with the aforesaid order of this Court within two months from the date of production of a copy of this order, but after providing opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties, if there is no legal impediment.
Accordingly, the present petition is disposed of.
Order Date :- 13.8.2021 saqlain