Ghanshyam Das Kesarwani and Another v. Doolchandra @ Doolchandra Kesarwani and 5 Others

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12650 of 2023 Petitioner :- Ghanshyam Das Kesarwani And Another Respondent :- Doolchandra @ Doolchandra Kesarwani And 5 Others Counsel for Petitioner :- Rajesh Kumar Hon'ble Ashutosh Srivastava,J. Heard Shri Rajesh Kumar , learned counsel for the petitioners. 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 with a limited prayer, seeking direction to the Civil Judge (Junior Division), Prayagraj, to decide the application 6-C dated 12.12.2022 in Original Suit No. 3768 of 2022 (Ghanshyam Das and others), within stipulated period fixed by this Court. Learned counsel for the petitioners 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. Thereafter, several dates have been fixed for disposal of the 6-C application, but the same still 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), Prayagraj, seized with the 6-C application, filed in Original Suit No. 3768 of 2022 (Ghanshyam Das and others), 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. With the aforesaid observations the writ petition is disposed off. Order Date :- 11.12.2023 Deepak/ High Court of Judicature at Allahabad