The court emphasized the need for timely resolution of applications in legal proceedings, directing the Trial Court to address the pending injunction application within a specified time to uphold justice.

ORDER :

S. VISHWAJITH SHETTY, J.

Plaintiff is before this Court in this writ petition filed under Article 227 of the Constitution of India with a prayer to issue a writ of mandamus directing the Trial Court to dispose of applications filed on behalf of the plaintiff in O.S.No.620/2010 under Order 39 Rule 1 and 2 read with Section 151 of CPC vide Annexures-J and K.

2. Learned counsel for the petitioners submits that application vide Annexure-J under Order 39 Rule 1 and 2 read with Section 151 of CPC was filed on 26.07.2010. Subsequently seeking similar relief, yet another application has been filed on 11.07.2019. The Trial Court has not passed orders on both the applications. He submits that he does not press his prayer made in the application vide Annexure-J and he would be satisfied if the Trial Court is directed to consider and dispose of the application dated 11.07.2019 filed under Order 39 Rule 1 and 2 of CPC vide Annexure-K.

3. Per contra, learned counsel appearing for the contesting respondents submits that prayer made in the application has been rendered infructuous having regard to the subsequent developments.

4. Be that as it may, fact remains that the applications which are filed on behalf of the plaintiffs in O.S.No.620/2010 vide Annexures-J and K dated 26.07.2010 and dated 11.07.2019 have not been disposed of by the Trial Court as on this date. Learned counsel for the petitioners has submitted that he would not press relief sought for in the petition, insofar as Annexure-J is concerned and he would be satisfied if the Trial Court is directed to consider and dispose of application at Annexure-K dated 11.07.2019.

5. Perusal of the material on record would go to show that the application vide Annexure-K dated 11.07.2019 has been filed under Order 39 Rule 1 and 2 read with Section 151 of CPC on behalf of the plaintiff seeking an order of temporary injunction against the defendants restraining them from changing the nature of the suit schedule A-property. According to the plaintiffs, the contesting defendants have already filed objections to the same. If that is so, it is for the Trial Court to consider the said application and dispose of the same at the earliest. The said application has been pending consideration before the Trial Court for the last six years. In normal circumstances, this Court will not issue a direction to the Trial Court to consider application and dispose of the same.

6. However, having regard to the fact that no orders are passed on the applications filed by the petitioner/plaintiff even after the lapse of more than six years, this Court is constrained to issue a direction to the Trial Court to Consider Annexure-K and dispose of the same within time frame. Accordingly the following:

ORDER

(i) The writ Petition is disposed of, directing the Trial Court to consider and dispose of application filed on behalf of the plaintiff vide Annexure-K dated 11.07.2019 under Order 39 Rule 1 and 2 read Section 151 of CPC as expeditiously as possible but not later than a period of two months from the date of receipt of copy of this order.