The court emphasized the urgency of resolving injunction applications under Order 39 Rule 1 and 2 of CPC to prevent complications in ongoing civil disputes.

This petition under Article 227 of Constitution of India has been filed seeking following relief(s):-

“(i) It is humbly and respectfully prayed to the Hon'ble Court may kindly please to quash the order dated 19.02.2024 by issuing writ certiorari in the interest of justice.

(ii) That the petitioner further prayed to the Hon'ble Court may kindly please to issue a writ of mandamus directing the Learned Trial Court to decide the injunction application in two weeks time which is pending since last 8 months in the interest of justice so that no untoward incident occurred between the parties.

7 M.P.No.1440/2024 (iii) Any other relief which may deem fit may be raised at the time of argument by the petitioner.”

2. It is submitted by counsel for petitioners that the petitioners have filed a civil suit for declaration of registered sale deed dated 04.04.2018 as null and void for declaration of title, permanent injunction as well as mandatory injunction. The notices of the said civil suit were issued and on 10.07.2023, the defendants No.12,13 and 15 filed their Vakalatnama. Thereafter, on 14.08.2023, the copies of the plaint as well as the application were also supplied to the defendants No.12, 13 and 15. On 14.08.2023 also defendants No.12 and 13 filed an application under Order 7 Rule 11 of CPC and on 05.09.2023 reply to the said application was filed. On 23.11.2023, the other defendants i.e. defendants No.1 to 11 and 14 were proceeded ex-parte. On 20.12.2023, the application filed by the defendants No.12 and 13 under Order 7 Rule 11 of CPC was rejected. Thereafter, the case was fixed for filing reply to application filed under Order 39 Rule 1 and 2 CPC . However, the defendants No.12, 13 and 15 have not filed their response to the said application. On 19.02.2024, the applicants filed an application for maintaining the status quo as the defendants No.12, 13 and 15 are trying to raise construction over the property in dispute. However by the impugned order, the said application has been rejected.

3. It is submitted that since the Court was lying vacant and in all probabilities the incumbent would join today. The only intention behind filing of this petition is that the trial Court should decide the application filed under Order 39 Rule 1 and 2 of CPC as early as possible without any 8 M.P.No.1440/2024 further delay. It is further submitted that today the trial is fixed further proceedings.

4. Considered the submissions made by counsel for petitioners.

5. Except defendants No.12, 13 and 15 all other defendants have already been proceeded ex-parte. Multiple times have already been granted to the contesting defendants to file their reply to the application filed under Order 39 Rule 1 and 2. The remedy under Order 39 Rule 1 and 2 is of urgent in nature and should be decided as early as possible because the change in circumstances may create further complications.

6. It is the case of the petitioners that the case is fixed today before the trial Court.

7. Accordingly, this petition is disposed of with the following observations:-

(i) Today, the case is fixed before the trial Court and the Presiding Judge is also likely to assume charge today itself.

(ii) If the reply to the application filed under Order 39 Rule 1 and 2 of CPC has already not been filed, then the trial Court is directed to fix the case on 23.04.2024 for filing of the reply of application under Order 39 Rule 1 and 2 of CPC.

(iii) In case, if the reply is not filed by the said date, then the right of the defendants No.12, 13 and 15 to file reply to the application under Order 39 Rule 1 and 2 of CPC shall stand closed.

(iv) The trial Court shall decide the application within 10 days from thereafter i.e. upto 03.05.2024. (v) It is made clear that this Court has not considered the merits/demerits of the claim of the petitioners and whether 9 M.P.No.1440/2024 petitioners have a prima facie case in their favour or any irreparable loss is likely to be suffered by the pe