Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 8756 of 2018 Petitioner :- Smt. Suneeta Devi Respondent :- Civil Judge And Another Counsel for Petitioner :- Alok Mishra
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the petitioner.
The prayer made in the present petition is to issue a direction to the Court below namely the Civil Judge (Senior Division), District Agra to decide the temporary injunction application under Order 39 Rule 1 CPC filed by the petitioner.
From the record, it appears that an application under Order 7 Rule 11 CPC has been filed by the defendant raising objection with regard to the maintainability of the suit.
Learned counsel for the petitioner submits that the said application is misconceived.
The application under Order 6 Rule 17 CPC has been filed by the plaintiff for amendment of the plaint seeking relief of specific performance of agreement, which is the basis of the suit.
For the said facts, it would be appropriate that the Court below shall decide the amendment application and the application under Order 7 Rule 11 CPC first and then consider the application under Order 39 Rule 1 CPC seeking temporary injunction in the suit.
In any case, the Court below shall make an endeavour to decide all the pending applications within shortest possible time, preferably, within a period of two months from the date of submission of certified copy of this order.
The present petition is disposed of. Order Date :- 27.11.2018 Brijesh