Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 3433 of 2021 Petitioner :- Syed Shahabuddin Respondent :- School Of Nursing Netaji Subhash Chandra Bose And 5 Others Counsel for Petitioner :- Adya Prasad Tewari Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner and perused the record.
By means of this writ petition under Article 227 of the Constitution, the petitioner has prayed for following relief:-
"(b) issue a direction to the Civil Judge (S.D.), Gorakhpur, to take prompt decision on the temporary injunction application u/O 39 R 1 & 2, C.P.C. dated 07.06.2021 moved by the petitioner as paper no.32C in O.S. No.342 of 2021, Syed Shahabuddin Vs. School of Nursing Home and others within the time frame and till the disposal of the aforesaid applications, the defendants-respondents be restrained from interrupting in repairing being made by the petitioner over the house in question, i.e., suit property."
Accordingly, this petition is disposed of with a direction to the court concerned to consider and decide the aforesaid application filed by the petitioner under Order 39 Rule 1 & 2 of Code of Civil Procedure, 1908 read with Section 151 of Code of Civil Procedure, strictly in accordance with law and after recording satisfaction regarding service of summons and giving full opportunity of hearing to the appearing parties, as expeditiously as possible preferably within a period of two months positively from the date of production of copy of this order.
It is provided that a copy of the order available on the official website of the High Court will be taken to be authentic one.
Order Date :- 29.7.2021 Shahroz