Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 1261 of 2019 Petitioner :- Vijaypal Respondent :- Smt. Sheela Devi And 2 Others Counsel for Petitioner :- Dwijendra Prasad
Hon'ble Anil Kumar,J.
Heard learned counsel for the petitioner and perused the record.
Since the point involved in the present case is trivial in nature, so the writ petition is being decided at the admission stage.
Notices to the opposite party nos.1 and 2 are dispensed with.
Learned counsel for the petitioners submits that petitioner filed a civil suit being no.1327 of 2018 for cancellation of sale deed as well as declaration for his rights and tiltle along with injunction application being no.6-C before the Court of Civil Judge (J.D.), Mainpuri, District-Mainpur, which is pending before it.
As per case of the petitioner, in spite of the several dates, the said application could not be decided due to one or other pretext. So, he approached this Court by filing the present writ petition with the following main prayer :-
"Issue a writ, order or direction in nature of directing to direct the learned Civil Judge (J.D.) Mainpuri District-Mainpuri to decide the injunction application 6-C in the Original Suit No.1327 of 2018 filed by the petitioner within stipulated time as fixed by this Hon'ble Court."
After hearing learned counsel for the petitioner and going through the records, writ petition is disposed of with a direction to Civil Judge (Junior Division), Mainpuri, District-Mainpuri to decide the Application for injunction being no.6-C pending in Original Suit No.1327 of 2018 filed by the petitioner after hearing the parties concerned in accordance with law. The said exercise shall be done expeditiously say within a period of four months from the date of receiving a certified copy of this order.
It is clarified that this Court has not adjudicated the claim of the petitioner on merit.
Order Date :- 25.2.2019 Mahesh