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Allahabad High Court
Rajendra And Others vs Bhagirath And Another on 4 August, 2010
Court No. - 4

Case :- MATTERS UNDER ARTICLE 227 No. - 375 of 2010

Petitioner :- Rajendra And Others
Respondent :- Bhagirath And Another
Petitioner Counsel :- Ashish Kumar Srivastava

Hon'ble Krishna Murari,J.

Heard learned counsel for the petitioner.

The sole relief claimed in the writ petition is a writ of mandamus to command
the Civil Judge (J.D.), Farenda, Mahrajganj to decide the temporary
injunction application filed by the petitioner along with the suit.

The Trial Court on the basis of averment made in the plaint and materials on
record did not find fit case to issue ex-parte interim injunction application
hence issued notices fixing 29.12.2010 for disposal of the temporary
injunction application. There is no reason or occasion for this court to
interfere with the discretion exercised by the Trial Court while passing the
order dated 02.07.2010. It is contended by the learned counsel for the
petitioner that the proceedings have been adjourned to 15.9.2010.

Considering the facts and circumstances, the writ petition is disposed of with
the direction to the Civil Judge (J.D.), Farenda, Mahrajgang to make all
possible endeavour to decide the temporary injunction matter on the next date
fixed i.e.15.9.2010.

However, in case, if for any unforeseen circumstances, the court below is not
able to decide the same on the said date, then it shall only grant short
adjournment and in any view of the matter shall decide the same within ten
days thereafter.

It is being made clear that the authority concerned shall decide the temporary
injunction application in accordance with law on its own merit without being
influenced by any of the observation made hereinabove.

Order Date :- 4.8.2010
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