Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 366 of 2010 Petitioner :- Jeeut Bandhan And Others Respondent :- The Court Of Civil Judge Awar Khand Hawely & Ors.
Petitioner Counsel :- R.C. Yadav
Hon’ble Krishna Murari, J.
Heard learned counsel for the petitioners.
The main relief claimed in this petition is a mandamus
commanding the Civil Judge, Awar Khand Haweli, Azamgarh to
decide the application for temporary injunction filed by the plaintiff
petitioners along with the suit.
A perusal of the order sheet goes to show that trial court on the
basis of the averment and the material brought on record, did not
find it a fit case for grant of ex parte temporary injunction, hence,
issued notices and there is hardly any reason or occasion for this
Court to interfere in the discretion exercised by the trial court at
this stage. The record further indicates that 19.08.2010 is fixed for
disposal of the temporary injunction matter.
Considering the facts and circumstances, writ petition stands
disposed of with the direction to the trial court to make all
endeavour to decide the temporary injunction matter on the next
date fixed, i.e., on 19.08.2010 in accordance with law. However, if
for any unforeseen circumstances, the trial court has not been able
to decide the same on the said date then it shall positively decide
the same within one weeks thereafter.
03.08.2010
VKS/ WP 366/10