Pradeep Kumar S/o Laxmi Narayan v. Civil Judge (S. D. ), Hardoi and others
2011-11-15
ABHINAVA UPADHYA
body2011
DigiLaw.ai
Abhinava Upadhya, J.:- By means of the present writ petition the petitioner has challenged the order by which his application under Rule 13 of the General Rule Civil was rejected against which revision has been filed and the revision has also been rejected. 2. A suit for permanent injunction and declaration has been filed by the plaintiff-petitioner being Suit R.S. No. 687 of 2007 before the Civil Judge (Senior Division) Hardoi. An application under Order XXXIX Rule 1 & 2 CPC has also been filed which has remained pending. 3. During the pendency of the aforesaid application it is alleged that the respondents-defendants started to demolish the construction alleged to be that of the plaintiff-petitioner which necessitated for filing of application under Rule 13 of General Rule Civil which has been rejected on account of the fact that the said application was filed during summer vacation against which revision was also filed which has been disposed of. Hence this writ petition. 4. In this writ petition ad interim order was granted with the direction that till the application under Order XXXIX Rule 1 and 2 CPC filed by the plaintiff-petitioner is disposed of the parties shall maintain status quo. It is stated that till date the said application has not been disposed of. It is also alleged at the Bar that in the said matter 17th November, 2011 is the date fixed. 5. I see no valid reason to keep this writ petition pending further and, therefore, this writ petition is being disposed of with the direction to the court below to consider the said application filed by the petitioner under Order XXXIX Rule 1 and 2 CPC and pass appropriate order on it keeping in mind the interest of both the parties and without granting unnecessary adjournment to either of the parties. 6. It is further observed that it would be preferable if the matter is considered and appropriate orders are passed on the next date fixed. Learned counsel for both the parties upon instruction from their clients, have given undertaking that they shall not seek any unnecessary adjournment in the matter and will cooperate in the early disposal of the application and shall also not delay the matter any further. It is further directed that till 30th November, 2011 the parties shall maintain status quo. 7. With the aforesaid direction, the petition stands finally disposed of.