Kunwar Krishna Manocha and Others v. Civil Judge, Sadar J. D. , Faizabad and Others
2011-10-11
RITU RAJ AWASTHI
body2011
DigiLaw.ai
Hon'ble Ritu Raj Awasthi, J.: - Notice on behalf of the opposite party no. 1 has been accepted by Mr. Manish Kumar, Advocate. For the order proposed to be passed, there is no need to issue notice to the opposite parties no. 2 to 8. Heard learned counsel for the parties. The writ petition has been filed challenging the order dated 21.9.2011 by which the learned Court below has refused to extend the temporary injunction order dated 24.12.2010. Learned counsel for the petitioners submitted that since no application has been decided as such the petitioner has no other remedy but to approach this Court under Article 226 of the Constitution of India. The grievance of the petitioners is that the learned Court below has wrongly come to the conclusion that the petitioners are not interested in disposal of the application moved under Order XXXIX Rule 1 & 2 CPC and they are delaying the proceedings. As such, he has refused to extend the status quo order dated 24.12.2010. I have considered the submissions made by the parties' counsel. It appears that the petitioners had filed a suit for permanent injunction in which an application under Order XXXIX Rule 1 & 2 CPC was also moved. While entertaining the suit, the learned Court below had granted ex-parte status quo order on 24.12.2010. The said status quo order was extended from time to time on various dates. The application under Order XXXIX Rule 1 & 2 CPC is still pending for disposal. Learned counsel for the petitioners has submitted that the opposite parties have filed their objections on the said application and the same can be decided. There is no reason for this Court to come to the conclusion contrary to the reasons recorded in the impugned order. The petitioners have not enclosed the copy of the order-sheet. It would be in the fitness of things that the application under Order XXXIX Rule 1 & 2 CPC itself is decided on merit. Learned counsel for the petitioners submits that he will not seek unnecessary adjournment in the disposal of the said application.
The petitioners have not enclosed the copy of the order-sheet. It would be in the fitness of things that the application under Order XXXIX Rule 1 & 2 CPC itself is decided on merit. Learned counsel for the petitioners submits that he will not seek unnecessary adjournment in the disposal of the said application. In this view of the matter, the writ petition is disposed of finally with the direction that the learned Court below shall decide the application under Order XXXIX Rule 1 & 2 CPC providing opportunity of hearing to the parties concerned, if possible on the next date fixed or otherwise within a period of two months thereafter. With the aforesaid direction, the writ petition is disposed of finally.