(1) Heard the learned counsel for the parties and perused the record.
(2) This petition has been filed by the petitioner for the following main prayer:-
"Issue a direction thereby commanding/directing the Opposite Party No.1 i.e. Civil Judge (Junior Division), Sadar, District Pratapgarh, to decide the Original Suit No.1564 of 2014 (Sobh Nath Vs. Rakesh Kumar Pandey and Others) pending before the Court of Civil Judge (Junior Division), Sadar, Pratapgarh, expeditiously within stipulated period as early as possible in the interest of justice".
(3) It appears that the petitioner had earlier filed a Writ Petition No.32215 (M/S) of 2019 (Sobh Nath Vs. Civil Judge (J.D.) Court no.24, District Pratapgarh and others) with the prayer that a direction be issued to the opposite party no.1-Civil Judge (Junior Division), Sadar, District Pratapgarh, to decide the Application No.4 Ga-2 moved under order 39 Rule 1 and 2 of the CPC in Original Suit No.1564 of 2014 (Sobh Nath Vs. Rakesh Kumar Pandey and Others.
(4) This Court after considering the submissions made by the learned counsel for the writ petitioner had disposed of the petition to look into the application of the petitioner for transfer of the case to some other Court. After the order passed by this Court on 22.11.2019, the case was transferred to the Court of learned Civil Judge (Junior Division), Sadar, Pratapgarh, but because of Covid-19 pandemic only general dates have been given. On one date the Presiding Officer was on leave and now the case has been listed for hearing on 07.04.2021. The application of the petitioner for Temporary Injunction has remained pending disposal. Hence the need arose to file this petition.
(5) This petition is finally disposed of with a direction to the learned Trial Court to consider and decide at least application filed by the petitioner under Order 39 Rule 1 and 2 of the CPC on the next date fixed or within a period of three weeks, thereafter.
Order Date :- 11.2.2021 PAL