Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 5573 of 2019 Petitioner :- Totaram Respondent :- Nand Ram And 6 Others Counsel for Petitioner :- Renu Devi Dohre
Hon'ble Manoj Kumar Gupta,J.
Heard learned counsel for the petitioner.
The prayer made in the instant petition is for issuance of a direction to the trial court to implement the order of the interim injunction dated 18.09.2017. A further prayer has been made for issuance of a direction to the trial court to conclude the proceedings of the Original Suit No. 421 of 2017 (Tota Ram vs. Nandram), expeditiously.
Indisputably, under Order 39 Rule 2-A C.P.C., the petitioner has got remedy to file application before the trial court complaining breach of order of interim injunction and in which event the trial court is fully empowered to take necessary measures. As such the first prayer made in the instant petition is wholly misconceived.
As regards the second prayer made in the petition, it is hereby provided that the trial court shall make serious endeavour to decide the Original Suit No. 421 of 2017 expeditiously, without granting unnecessary adjournment to either of the parties.
The petition stands disposed of. Order Date :- 26.7.2019 VR (Manoj Kumar Gupta, J.)