Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 3909 of 2021 Petitioner :- Tara Shankar Respondent :- Smt. Jagwanti Devi Counsel for Petitioner :- Girish Kumar Gupta
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 as substantial one :-
"(i).Issue a writ, order or direction in the nature of mandamus directing the court below to decide the temporary injunction application under Order 39 Rule 1 read with Section 151, CPC dated 18.02.2015 exhibited as Paper No. 6-Ga filed in Original Suit No. 230 of 2015 (Tara Shankar v. Smt. Jagwati Devi) pending in the court of learned Additional Civil Judge (Junior Division), Court No. 6 Varanasi finally on day to day basis within stipulated period of time. "
Learned counsel for the petitioner submits that petitioner is confining his prayer to the effect that a direction be issued to the court concerned decide his 6-C application for temporary injunction in a time bound period.
Considering the overall facts and circumstances of the case, the petition is disposed of with a direction to the court concerned to consider and decide the temporary injunction application under Order 39 Rule 1 read with Section 151, CPC dated 18.02.2015 filed in Original Suit No. 230 of 2015 (Tara Shankar v. Smt. Jagwati Devi) strictly in accordance with law and after recording satisfaction regarding service of summons and after giving full opportunity of hearing to the appearing parties, as expeditiously as possible preferably within a period of two months 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 :- 16.8.2021 Sanjeev