Heard counsel for the petitioner.
The petitioner has preferred the present petition under Article 227 of the Constitution of India with the prayer to direct the Civil Judge (Senior Division) Sonbhadra to decide the 6-C application filed by the plaintiff-respondent in Original Suit No. 190 of 2019 (Suresh Kumar vs. Tilakraj and another) expeditiously.
It appears from perusal of the records that the Original Suit No. 190 of 2019 was filed by one Suresh Kumar against one Tilakraj and present petitioner namely Smita Keshari. Along with the plaint an application for the grant of temporary injunction was also filed and on the said application an ex-parte interim injunction was granted in favour of the plaintiff/respondent on 20.12.2019. An objection of 6-C application was filed by the petitioner to deny claim of plaintiff on 07.02.2020, copy of which is appended as Annexure-4 to the writ petition.
It is argued by the counsel for the petitioner that injunction granted in favour of the plaintiff-respondent is illegal and against the settled principles of law. It is further argued that while granting the interim injunction nothing has been stated by the trial court regarding prima facie case, balance of convenience or irreparable loss. It is further argued that considerable time has already been lapsed till date no decision has been taken on the same.
In the interest of justice, without entering into merits of the case, the present petition, under Article 227 of the Constitution of India, is disposed of directing the concerned court below to pass appropriate orders on the aforesaid application 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 concerned court below will decide the same expeditiously and preferably within a period of one month thereafter.
Order Date :- 28.1.2021 Swati