Court No. - 27
Case :- MATTERS UNDER ARTICLE 227 No. - 4072 of 2018 Petitioner :- Shyamlal Respondent :- Civil Judge (Junior Division), Jalaun And 2 Others Counsel for Petitioner :- Prasoon Tomar,Sunil Kumar Kushwaha
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner.
The present petition has been filed for a direction upon the Civil Judge (Junior Division), Jalaun to decide the Civil Misc. Case No. 10 of 2017 under order 39 Rule 2-A of the Code of Civil Procedure (Shyamlal vs. Udaiveer Singh and another) within a stipulated period.
The case of the petitioner is that he has instituted Civil Misc. Case No. 177 of 2010 for permanent injunction in which an interim injunction was also granted in favour of the petitioner, but opposite parties are not complying the interim order and making encroachment in the peaceful possession of the land of petitioner. Therefore, he has filed Civil Misc. Case No. 10 of 2017 under order 39 Rule 2-A of the Code of Civil Procedure on which the learned Judge taken cognizance on 19.04.2017, but till date, the same has not been decided.
Considering the facts of the case, the petition is disposed of with a direction to the Court below to decide the Civil Misc. Case No. 10 of 2017 expeditiously, preferably if possible within a period of six months from the date of production of certified copy of the order without granting any unnecessary adjournments to either of the parties.
Order Date :- 30.5.2018 Sartaj