Praveen v. State Of U.P. And 2 Others

Heard Sri Vinay Kumar Singh, learned counsel for the petitioner, learned Standing Counsel for State of U.P. and perused the record. Present petition under Article 227 of the Constitution of India has been filed by the petitioner with the prayer to direct the Civil Judge (Junior Division), Shamli at Kairana to decide the application for interim injunction (Paper No. 6-C) filed in Suit No. 165 of 2021 (Praveen vs. Suresh Chandra and another) within stipulated period of time. It is submitted by the learned counsel for petitioner that the petitioner had filed suit for permanent injunction and had also moved an application for interim injunction (Paper No. 6-C). It is further submitted that the learned court below vide order dated 07.12.2021 was pleased to issue notice to the defendants- respondents and no ex-parte interim injunction has been granted to the plaintiff- petitioner. The defendants have put in appearance before the learned court below but on account of delaying tactics adopted by the defendant-respondent, the aforesaid interim injunction application (Paper No. 6-C) could not be decided till date. Considering the submissions of learned counsel for the petitioner and without going into merit of the case, the Civil Judge (Junior Division), Shamli at Kairana is directed to decide the application for interim injunction (Paper No. 6-C) filed in Suit No. 165 of 2021 (Praveen vs. Suresh Chandra and another) expeditiously and if possible within a period of six months from the date of production of certified copy of this order without granting any unnecessary adjournment to either of the parties, unless there is any legal impediment. With aforesaid direction, the instant petition is finally disposed of. Order Date :- 7.5.2022 sailesh PRAJAPATI Reason: Location: High Court of Judicature at Allahabad