Court No. - 24 Case :- MISC. SINGLE No. - 4104 of 2010 Petitioner :- Arunendra Pratap Singh And Others Respondent :- State Of U.P.Through D.M.Sitapur And Others Petitioner Counsel :- Sushil Kumar Singh Respondent Counsel :- C.S.C. Hon'ble Rajiv Sharma,J.
Heard learned Counsel for the petitioner and learned Standing Counsel
for opposite party No.1.
With the consent of learned Counsel for the petitioner and learned
Standing Counsel, the writ petition is being disposed of finally at the
admission stage itself.
Grievance of the petitioner is that the petitioner has filed a suit, which
was numbered as Regular Suit No. 495 of 2010 along with an
application for temporary injunction under Order XXXIX Rules 1 and 2 of
Code of Civil Procedure but Civil Judge (Junior Division), Sitapur issued
notice to the defendants on an application for temporary injunction and
fixed the next date in the suit for objection and written statement on
6.8.2010, by the order dated 6.7.2010. Feeling aggrieved, the petitioner
has filed a revision and the revisional Court, vide order dated 15.7.2010,
dismissed the revision. Feeling aggrieved, the petitioner has preferred
the instant writ petition.
Learned Counsel for the petitioner submits that interest of justice would
suffice, if the Civil Judge (Junior Division), Sitapur is directed to decide
the application for temporary injunction under Order XXXIX Rules 1 and
2 of Code of Civil Procedure, expeditiously, to which learned Standing
Counsel has no objection.
Since the relief claimed by learned Counsel for the petitioner is
innocuous, as such, issuance of notice to opposite parties No. 2 is
dispensed with.
In view of the above, without entering into the merits of the case, the writ
petition is disposed of finally with a direction to Civil Judge (Junior
Division), Sitapur to decide the application for temporary injunction
under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, on the
date fixed i.e. 6.8.2010. In case the said application for temporary
injunction under Order XXXIX Rules 1 and 2 of the Code of Civil
Procedure is not decided on the date fixed i.e. 6.8.2010 for any reasons
whatsoever, the Civil Judge (Junior Division), Sitapur will decide the
said application by 30.8.2010. It is clarified that parties shall not seek
any adjournment before Civil Judge (Junior Division), Sitapur.
Order Date :- 26.7.2010
Ajit/-