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2013 DIGILAW 407 (ALL)

Nagar Panchyat Iglas, Aligarh v. Civil Judge S. D.

2013-02-04

SIBGHAT ULLAH KHAN

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JUDGMENT Sibghat Ullah Khan, J. Learned counsel for the petitioner states that applicant in this petition i.e. Nagar Panchayat Iglas and its Officer are defendant no.2 and 3 in O.S. No. 797 of 2001 (Sri Durg Singh VS Ram Sharan Sharma and others) and it has filed an application under Order 7 Rule 11 CPC on 20.12.2001. The prayer in this writ petition is that direction may be issued to decide the said application expeditiously. There is absolutely no sense in issuing any such direction after 12 years moreso, when evidence has started. However, the writ petition is disposed of with the direction that the suit shall be decided expeditiously. It is further directed that if plaintiff respondent who has got temporary injunction order in his favour seeks more than one adjournment in any form, the injunction order granted in favour of the plaintiff respondent shall be vacated by the trial Court. 2. At present, it appears that the suit is pending before Civil Judge/ Additional J.S.C.C. and some amendment application has been filed by the plaintiff. Filing of amendment application after 12 years is not understandable. However, the Court is not expressing any opinion. Any further application filed by the plaintiff for any purpose shall be treated to be an application for adjournment and temporary injunction order shall be vacated.