Banarasi Das v. Smt Rinki and Another

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 11794 of 2023 Petitioner :- Banarasi Das Respondent :- Smt Rinki And Another Counsel for Petitioner :- Sandeep Kumar Pandey Hon'ble Ashutosh Srivastava,J. Heard Shri Sandeep Kumar Pandey, learned counsel for the petitioner. Considering the nature of the order proposed to be passed notice upon the private respondent is hereby dispensed with. Present petition, under Article 227 of the Constitution of India, has been filed with limited prayer seeking direction to the Civil Judge (Junior Division), Bhadohi at Gyanpur, to decide the interim injunction application, paper no. 6-C, filed in Original Suit No. 1172 of 2022 (Banarasi Das vs. Rinki and another) within a stipulated period fixed by this Court. Learned counsel for the petitioner submits that interim injunction application (6-C), filed in the aforesaid Suit on 11.11.2022, is pending consideration and the purpose of filing the present petition would stand served if appropriate directions are issued to the Court below to consider and pass appropriate orders on the pending interim injunction application (6-C) within a time frame fixed by this Court. This Court has perused the order sheet of the proceedings, annexed along with the petition. A perusal of the order sheet reveals that the Court below after perusal of report of Munsrim registered the case and issued notices to the respondent. Thereafter, several dates have been fixed, but the 6-C application remains pending till date. In view of the above, this Court is of the opinion that the petition under Article 227 can be disposed of by requiring the Civil Judge (Junior Division), Bhadohi at Gyanpur, seized with the interim injunction application, paper no. 6-C, filed in Original Suit No. 1172 of 2022 (Banarasi Das vs. Rinki and another), to consider and pass appropriate orders on the same, expeditiously, preferably, on the next date fixed or within a period of two month from the date of service of certified copy of the order of this Court. With the aforesaid observations the writ petition is disposed off. Order Date :- 22.11.2023 Pks/Deepak/ High Court of Judicature at Allahabad