The prayer in the present petition is to issue a direction to the court below to decide the interim injunction application filed in Suit No.2985 of 2009 (Alka Shukla v. Brij Kishor Tiwari & Ors.). Admittedly, for a period of around 9 years, the petitioner did not press the interim injunction application. A perusal of the order sheet indicates that the application under Order 6 Rule 17 of the Code of Civil Procedure, 1908 for amendment of plaint to indicate the boundaries of the plot in dispute was filed on 10.12.2012. Learned counsel for the petitioner is not aware of the stage of the suit.
After a period of 9 years, when no temporary injunction has been granted to the plaintiff, no direction can be given to decide the same.
Insofar as the suit is concerned, the court below is directed to make and endeavour to decide the same expeditiously.
The present petition is, accordingly, disposed of.
Order Date :- 11.10.2018 Jyotsana