Court No.4
Writ Petition No. 1807 (M/S) of 2010
Smt Shobha Devi Petitioner
Vs
The Civil Judge (S.D.) Lucknow & another Opp. parties
Hon'ble Ritu Raj Awasthi,J
Notice on behalf of opposite party No.1 has been accepted by learned
Standing Counsel. For the order proposed to be passed notice for opposite party
No. 2 is dispensed with.
Heard Sri M.K. Singh, learned counsel for the petitioner as well as Sri C.B.
Pandey learned Additional Chief Standing Counsel and perused the record of the
case.
With the consent of learned counsel for the parties, the writ petition is
being disposed of finally at the admission stage.
It is submitted by the learned counsel for the petitioner that the petitioner
had filed a suit for specific performance of contract along with the application
under Order 39 Rules 1 & 2 read with Section 151 C.P.C. against the opposite
parties before the court of Civil Judge (Senior Division), Lucknow which was
registered as Regular Suit No. 629 of 2009.
It has been mentioned in para 7 of the writ petition that after the service of
summons the opposite party No.2 has put in appearance, but he has not filed any
objection or written statement in the said suit. Several dates have been fixed by the
trialcourt as 27.08.2009, 12.10.2009, 28.10.2009, 22.11.2009, 23.11.2009,
16.12.2009
, 07.01.2010, 08.02.2010, 11.03.2010 and now 13.04.2010 has been
fixed for disposal of injunction application. During the pendency of injunction
application, the opposite party No. 2 is trying to sell the property in question and in
case, he is able to sell it, the suit will become infructuous.
There is no reason to believe that the application for injunction would not
be considered on merit expeditiously by the learned court below. It is informed
that the next date fixed for disposal of the injunction application is 13.04.2010.
In view of the above, the writ petition is disposed of finally with a
direction to the learned court below that it shall make all possible efforts to
consider and decide the injunction application expeditiously, and if it is not
possible to decide the same on the next date fixed, the same shall be decided
within two months from today. Learned counsel for the petitioner undertakes that
he will not take unnecessary adjournment and in case any adjournment is sought
by him, the period of adjournment would be excluded from the period of two
months.
02.04.2010
Renu/-