Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 339 of 2010 Petitioner :- Suresh Kumar Respondent :- Civil Judge S.D. Jaunpur And Others Petitioner Counsel :- B.N. Pathak Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioner.
The only relief claimed in the petition is a writ of mandamus to direct
the trial court to decide the temporary injunction application filed by
plaintiffpetitioner in O.S. No. 1136 of 2009. A perusal of the record
indicates that trial court after being satisfied with the averments made
by the plaintiffpetitioner and documents filed in support thereof did
not find it a fit case to issue exparte temporary injunction and hence
issued notices to the defendantrespondents.
Considering the facts and circumstances, the writ petition stands
disposed of with the direction to the trial court to decide the
temporary injunction application filed by plaintiffpetitioner on the date
fixed i.e. 27.8.2010 in accordance with law after notice and
opportunity of hearing to all concerned. However, if for any
unforeseen circumstances, the matter is not decided on the said date
then the trial court shall grant very short adjournment and in any
view, shall decide the temporary injunction matter within ten days
thereafter positively.
Order Date :- 29.7.2010
nd