Heard learned counsel for the petitioner and learned Standing Counsel.
With the consent of learned counsel for the parties the writ petition is being disposed of at the admission stage.
In view of the order, which is proposed to be passed notices to respondent no. 2 is dispensed with.
Learned counsel for the petitioner submits that respondent no.2 in the year 2008 filed a suit for permanent injunction against the present petitioner, which was registered as Regular Suit No.888 of 2008, Raj Kumar Gupta Vs. Rameshwari Devi and others, in the court of Civil Judge (Junior Division) Court No.16, Raibareili thereby praying that the petitioner be restrain from interference in the Shop No.E-14 situated at Bus Station Chaurhaa, Raibareli.
Learned counsel for the petitioner further submits that the said suit is pending since then and the matter is adjourned on one pretext or the other, and in this regard he relies on the submission as made in para 12 of the present writ petition, inter-alia, in which it is stated as under:-
"That thereafter many dates were fixed by the Learned Court below but till date no rejoinder affidavit has been filed by the opposite party no.2 (i.e. plaintiff) for the purpose of lingering proceeding of the said suit."
In view of the above said facts, learned counsel for the 2 petitioner requests that respondent no.1, Civil Judge (Junior Division), Court No.16, Raibareily may be directed to decide the said suit.
In these circumstances, it would be expedient in the interest of justice that the respondent no.1, Civil Judge (Junior Division), Court No.16, Raibareily is directed to disposed of the Regular Suit No.888 of 2008, Raj Kumar Gupta Vs. Rameshwari Devi expeditiously keeping in view the pendency of the other suits in the said court.
With above observations, writ petition is finally disposed of.
It is made clear that this Court has not adjudicated the claim of the petitioner on merits.
Order Date :- 11.1.2010 Pramod