The court has the power to direct a lower court to decide an application for temporary injunction expeditiously.

Headnote:
Fact of the Case:

The petitioner filed a writ petition seeking a direction to the Civil Judge (Junior Division), Gorakhpur to decide and conclude the proceedings of the temporary injunction application 7-C of Petitioner in Original Suit No. 929 of 2021, Ajay Kumar Bathwal Vs. Gaurav Pandey and others, pending in the court of Civil Judge (Junior Division), Gorakhpur, within a specific period as may be fixed by this Hon'ble Court.
Finding of the Court:

The court directed the Civil Judge (Junior Division), Gorakhpur to decide the application for temporary injunction 7-C in Original Suit No. 929 of 2021, Ajay Kumar Bathwal Vs. Gaurav Pandey and others, if there are no legal impediments and after hearing all the concerned parties, strictly in accordance with law by reasoned and speaking order, expeditiously, preferably within a period of six weeks from the date of production of certified copy of this order after hearing all the affected parties.
Issues: Delay in deciding the application for temporary injunction.
Final Decision: The writ petition was disposed of with a direction to the Civil Judge (Junior Division), Gorakhpur to decide the application for temporary injunction 7-C in Original Suit No. 929 of 2021, Ajay Kumar Bathwal Vs. Gaurav Pandey and others, within a period of six weeks from the date of production of certified copy of the order.

Court No. - 10

Case :- MATTERS UNDER ARTICLE 227 No. - 7919 of 2021

Petitioner :- Ajay Kumar Bathwal

Respondent :- Gaurav Pandey And 3 Others

Counsel for Petitioner :- Sanjay Tiwari

Hon'ble Rohit Ranjan Agarwal,J.

Heard Sri Sanjay Tiwari, learned counsel for the petitioner.

This writ petition has been filed with the following prayer:-

"(a) Allow the petition and issue a direction to the Civil Judge (Junior

Division), Gorakhpur to decide and conclude the proceedings of the

temporary injuction application 7-C of Petitioner in Original Suit No. 929

of 2021, Ajay Kumar Bathwal Vs. Gaurav Pandey and others, pending in

the court of Civil Judge (Junior Division), Gorakhpur, within specific

period as may be fixed by this Hon'ble Court."

It is contended that petitioner filed Original Suit No. 929 of

2021 for permanent injunction in which an application for

temporary injunction 7-C was filed in which notices were

issued on 30.06.2021 but the said application has remained

pending and has not been decided. The sole prayer is for a

direction upon court below to decide the application 7-C within

a stipulated period.

Learned Standing Counsel does not oppose the limited prayer

so made for early disposal of the application.

As no useful purpose would be served in keeping the matter

pending, with the consent of the parties, the matter is being

disposed of at this stage without calling for counter affidavit,

with a direction upon court below i.e. Civil Judge (Junior

Division), Gorakhpur to decide the application for temporary

injunction 7-C in Original Suit No. 929 of 2021, Ajay Kumar

Bathwal Vs. Gaurav Pandey and others, if there are no legal

impediments and after hearing all the concerned parties, strictly

in accordance with law by reasoned and speaking order,

expeditiously, preferably within a period of six weeks from the

date of production of certified copy of this order after hearing

all the affected parties.

Writ petition stands disposed of.

Order Date :- 5.1.2022

V.S.Singh