Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 6853 of 2019 Petitioner :- Vijay Prakash Shukla Respondent :- Rastriya Shiksha Prasar Samiti And Another Counsel for Petitioner :- Ram Samujh Singh,Dilendra Pratap Singh Hon'ble Manoj Kumar Gupta,J.
The instant petition has been filed by the defendant of Original Suit No.455 of 2018 with the grievance that an exparte injunction was granted by the trial court by impugned order dated 18.9.2018 in favour of the plaintiff-respondent. It is urged that the plaintiff had succeeded in obtaining exparte injunction by placing incorrect facts before the trial court. It is also submitted that the suit is barred for non-joinder of Sahakari Sangh, Barhalganj.
Indisputably, the injunction order is in operation since 18.9.2018. While granting the order of temporary injunction, the trial court invited objections against the same and the application for temporary injunction has yet not been disposed of finally. It is also not disputed before this Court that the petitioner has already filed his written statement and objection to the injunction application.
Counsel for the petitioner states that since the court is lying vacant, therefore, the objection filed by the petitioner against the application for temporary injunction is not being heard.
Having regard to the facts of the case and the submissions made, the instant petition is disposed of by providing as under:-
(a) It shall be open to the petitioner to seek transfer of the suit to some other court by moving appropriate application before the District Judge.
(b) The District Judge, in that event, may consider the transfer application sympathetically.
(c) In case the suit is transferred to some other court, the transferee court shall ensure that the application for temporary injunction including objection filed against the same by the petitioner are decided expeditiously, preferably within next twelve weeks, provided there is no legal impediment.
(Manoj Kumar Gupta, J) Order Date :- 30.9.2019 SL