Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 8840 of 2018 Petitioner :- Upendra @ Upendra Kumar Gupta And 4 Others Respondent :- Civil Judge (Senior Division) Banda And 3 Others Counsel for Petitioner :- Kamla Prasad Tiwari Hon'ble Manoj Kumar Gupta,J.
The sole relief claimed in the instant petition is for issuance of a direction to the trial court to decide application for temporary injunction Paper No.6 C (2) in Original Suit No.235 of 2018 expeditiously and restrain the defendants from constructing road over the suit property.
A perusal of the order sheet reveals that on 6.11.2018, the date on which suit was instituted by the petitioners, the trial court considered the request for grant of exparte injunction. However, being of the opinion that it was not a fit case for grant of exparte injunction, notice was issued to the defendants fixing 15.11.2018.
Counsel for the petitioners is unable to clarify whether the plaintiffs have taken steps to serve the defendants in compliance of order dated 6.11.2018.
Consequently, the petition is disposed of by providing that as soon as the defendants are served, the trial court shall make endeavour to decide the application for temporary injunction expeditiously, without granting unnecessary adjournments.
(Manoj Kumar Gupta, J) Order Date :- 30.11.2018 SL