Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 381 of 2019 Petitioner :- Smt. Shyamo Devi And 5 Others Respondent :- Mahesh Chandra And 5 Others Counsel for Petitioner :- Mohammad Zakir
Hon'ble Mrs. Sunita Agarwal,J.
Supplementary affidavit filed today is taken on record.
The prayer in the present petition is to expedite the proceedings of temporary injunction application (6-C application) pending in Original Suit No.540 of 2018 (Smt. Shyamo Devi & Ors. v. Mahesh Chandra & Ors.) and issue a direction to the trial court to expedite the Original Suit No.540 of 2018 (Smt. Shyamo Devi & Ors. v. Mahesh Chandra & Ors.).
A perusal of the record indicates that the trial court while issuing notices to the defendants passed an order dated 20.8.2018 observing that presence of defendants is needed and no case is made for grant of interim injunction. The plaintiffs were directed to take steps for service of notice upon all the defendants. It further appears from the order dated 21.1.2019 that the trial court has again provided 7 days time to the plaintiffs to take steps for service of summons of the suit on defendants by both ways. In none of the paragraphs of the present petition, it is indicated by the petitioners/plaintiffs that they have filed requisite process for service of summons upon the defendants in compliance of the orders dated 20.8.2018 and 21.1.2019. As the plaintiffs had not taken requisite steps, no case is made out for issuing direction to the trial court to decide the temporary injunction application within the stipulated period.
It is open for the petitioners/plaintiffs to file requisite steps before the trial court pleading for dismissal of the temporary injunction application on the dates fixed. In case, the trial court finds that the requisite steps have been taken in time and the defendants have been duly served, it shall proceed in accordance with law.
Subject to the above, the present petition is dismissed. Order Date :- 21.2.2019 Jyotsana