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2023 DIGILAW 292 (ALL)

Akhil Bhartiya Nai Mahasabha (Nand Nagar) Devkali Thru. Sarvarahkar Rajesh Kumar Faizabad v. Civil Judge, Junior Division Faizabad

2023-01-30

MANISH MATHUR

body2023
JUDGMENT : [Manish Mathur, J.] 1. Heard learned counsel for petitioners. In view of order being passed, notices to opposite parties stand dispensed with. 2. Petition has been filed under Article 227 of the Constitution of India seeking a direction to court concerned for expeditious disposal of application for temporary injunction filed in Regular Suit No.307 of 2005 for declaration. It has been submitted that commission was issued and has also submitted its report. It is submitted that along with plaint, application for temporary injunction has also been filed which is pending consideration ever since although objections thereto has been filed by defendants. 3. Learned counsel for petitioner submits that aforesaid Suit has been filed in year 2010 and at present is at the stage of evidence of plaintiff but since almost 13 years have passed direction is required for early disposal of the same. 4. Considering the submissions advanced by learned counsel for petitioners and upon perusal of material on record, it appears that aforesaid suit for declaration has been filed by petitioners in year 2005 in which as has been submitted, application for temporary injunction is still pending consideration. It has been submitted that defendants have already put in appearance and have filed their written statement. 5. In view of aforesaid, Civil Judge(Senior Division) F.T.C. Court No.9, Faizabad is directed to decide pending application for temporary injunction filed in Regular Suit No.307 of 2005 (Akhil Bhartiya Nai Mahasabha and another v. Rakesh Kumar Sharma and others) expeditiously, preferably within a period of six weeks from the date a copy of this order is brought on record of the proceedings, in case there is no other legal impediment. The court shall also make endeavour to decide the suit proceedings itself expeditiously, without granting any undue adjournments to either parties. 6. Benefit of this order shall be available to petitioners only in case they cooperate in early disposal of the proceedings. 7. Petitioners are granted liberty to approach this Court again in case the suit proceedings is not being decided within a period of one year from the date a certified copy of this order is brought on record of the proceedings. 8. With aforesaid observations, the writ petition stands disposed of.