IN THE HIGH COURT OF ALLAHABAD
PRAKASH PADIA, J.
Ramesh Kumar Jaiswar – Petitioner
Versus
Civil Judge Junior Division and Others – Respondents
Matters Under Article 227 No. 4459 of 2020
Decided On : 06-01-2021
Code of Civil Procedure, 1908 - Order 39 Rule 1 and 2 - Original Suit - Suit decree - It is argued by learned counsel for the petitioner that apart from the aforesaid suit, a stay application has also preferred by him before respondent No. 1 for grant of interim protection - It is argued that the interim protection is urgently required and prays for early disposal of the stay application –
Finding of the Court:
In the facts and circumstances of the case and without entering into merits of the case, the present petition, under Article 227 of the Constitution of India, is disposed of directing the Civil Judge to pass appropriate orders on the application under Order 39 Rule 1 and 2 of C.P.C. filed by the petitioner expeditiously and preferably within a period of three months from the date of production of a self-attested computer generated copy of this order downloaded from the official website of High Court but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties, if there is no legal impediment –
Result: Petition disposed of.
JUDGMENT :
PRAKASH PADIA, J.
1. Heard learned counsel for the petitioner.
2. In view of the order proposed to be passed, notice need not be issued to respondents.
3. The petitioner has preferred the present petition under Article 227 of the Constitution of India with the prayer to issue a direction to the respondent No. 1/Civil Judge (Junior Division) Shahar Azamgarh to decide the application Under Order 39 Rule 1 and 2 filed in Original Suit No. 683 of 2017 (Ramesh Jaiswar vs. Meena and Others) expeditiously.
4. It is argued by learned counsel for the petitioner that apart from the aforesaid suit, a stay application has also preferred by him before respondent No. 1 for grant of interim protection. It is argued that the interim protection is urgently required and prays for early disposal of the stay application.
5. In the facts and circumstances of the case and without entering into merits of the case, the present petition, under Article 227 of the Constitution of India, is disposed of directing the Civil Judge (Junior Division) Shahar Azamgarh to pass appropriate orders on the application under Order 39 Rule 1 and 2 of C.P.C. filed by the petitioner expeditiously and preferably within a period of three months from the date of production of a self attested computer generated copy of this order downloaded from the official website of High Court Allahabad but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties, if there is no legal impediment.
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