Ajay Kumar Pandey v. Chaturbhuj Pandey

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 11925 of 2023 Petitioner :- Ajay Kumar Pandey Respondent :- Chaturbhuj Pandey Counsel for Petitioner :- Anil Kumar Gupta Hon'ble Ashutosh Srivastava,J. Heard Shri Anil Kumar Gupta, learned counsel for the petitioner. Considering the nature of the order proposed to be passed notice upon the private respondents is hereby dispensed with. Present petition, under Article 227 of the Constitution of India, has been filed seeking direction to the Civil Judge (Jr.Div.), Ghazipur to decide 6-C application filed in Original Suit No. 325 of 2022 (Ajay Kumar Pandey versus Chaturbhuj Pandey) within the time frame fixed by this Court. Learned counsel for the petitioner submits that interim injunction application (6-C), filed along with the aforesaid Suit, 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. On 28.4.2022, the Court below has declined to pass exparte order on 6-C application and since then, the same is pending consideration. Considering the facts and circumstances of the case, the present petition stands disposed of requiring the Civil Judge (Jr. Div.), Ghazipur seized with the 6-C application, filed in Original Suit No. 325 of 2022 (Ajay Kumar Pandey versus Chaturbhuj Pandey), 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 next date fixed. Order Date :- 2.12.2023 Ravi Prakash (Ashutosh Srivastava, J.) High Court of Judicature at Allahabad