Counsel for the petitioner is permitted to carry out necessary amendment in the prayer clause of the petition during the course of the day.
The petitioner has preferred the present writ petition with the prayer to extend the interim order granted earlier in favour of the petitioner on 13.03.2018. A further prayer has also been made to direct the court below to decide the application No.46C2 and substitution application dated 06.02.2019.
From perusal of the record its transpires that an injunction application was granted by the trial court in favour of the plaintiff-petitioner on 13.03.2018. During the pendency of the suit, the sole plaintiff namely Smt. Girja Devi died on 14.05.2018. Immediately thereafter, an application for substitution was filed by her legal heirs.
It is argued that in spite of the same, the trial court has neither decide the substitution application nor decide the injunction application and not extend the interim order. He prays that in the facts and circumstances of the case, the interim order dated 13.03.2018 be extended and the substitution application as well as the interim injunction application be decided expeditiously.
Heard learned counsel for the petitioner and perused the record.
In the special facts and circumstances of the case, the present petition, under Article 227 of the Constitution of India, is disposed of directing the court below to pass appropriate orders on the injunction application as well as substitution application filed by the petitioner expeditiously and preferably on the next date fixed. In case, on the said date on account of any reason, the said application could not decide on the said, the court below will decide the same expeditiously and preferably within a period of two months thereafter.
Order Date :- 5.2.2021/saqlain