Hemraj and Another v. Ramsumer

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 11845 of 2023 Petitioner :- Hemraj And Another Respondent :- Ramsumer Counsel for Petitioner :- Manvendra Singh Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Manvendra Singh, learned counsel for the petitioner.

¶2Considering the nature of the order proposed to be passed notice upon the private respondents is hereby dispensed with.

¶3Present petition, under Article 227 of the Constitution of India, has been filed seeking direction to the Civil Judge (Junior Division), Fatehpur to decide the temporary Injunction application paper no. 6C-2 in Suit No. 721 of 2023 (Hemraj and another vs. Ramsumer), within a time frame fixed by this Court.

¶4Learned counsel for the petitioner submits that interim injunction application (6C-2), 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 (6C-2) within a time frame fixed by this Court.

¶5This Court has perused the order sheet of the proceedings, annexed along with the petition.

¶6A 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 6C-2 application remains pending till date.

¶7In 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), Fatehpur seized with the 6C-2 application, filed in Suit No. 721 of 2023 (Hemraj and another vs. Ramsumer), to consider and pass appropriate orders on the same, expeditiously, preferably, on the next date fixed or within a period of one month from the next date fixed, upon service of certified copy of the order of this Court.

¶8With the aforesaid observations the writ petition is disposed of. Order Date :- 13.12.2023 /Bhanu High Court of Judicature at Allahabad