Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 7049 of 2019 Petitioner :- Sushila Devi Verma And Another Respondent :- Civil Judge (S.D.) And 5 Others Counsel for Petitioner :- Sushil Jaiswal,Rakesh Chandra Tiwari Hon'ble Manoj Kumar Gupta,J.
The prayer made in the instant petition is for issuing direction to the trial court to first decide amendment application dated 25.10.2018 before proceeding any further in the suit.
It is noteworthy that by order dated 1.11.2018, the trial court declined to grant the prayer made in this regard by the petitioner placing reliance upon the order of the District Judge for expeditious disposal of the application 6 Ga-2 i.e. injunction application. The court has also observed that the effort of the plaintiffs was to delay the disposal of the said application.
It is noteworthy that an order of exparte interim injunction is operating in favour of the plaintiffs. The order passed by the trial court dated 1.11.2018 is not under challenge.
In such view of the matter, this Court is not inclined to issue any direction which has the effect of nullifying the order of the trial court dated 1.11.2018, which is not under challenge.
Consequently, the instant petition is dismissed.
(Manoj Kumar Gupta, J.) Order Date :- 26.9.2019 PS