Abdul Wahab vs Tej Singh and Others

Pankaj Mithal, J.—Heard learned counsel for the petitioner. Petitioner has filed this petition for a direction to the Civil Judge (Senior Division) Kannauj to decide Original Suit No 329 of 2010 (Abdul Wahab Vs. Tej Singh and Others) within a specified period of time.

The suit is of the year 2010 and there is nothing on record to show the pendency of the other old cases before the court concern and as such it is not possible to issue any direction for expeditious disposal of the above suit.

Petitioner may approach the court concern, if necessary, in this regard.

Learned counsel for the petitioner at this stage submitted that in the suit an ex-parte injunction was granted and despite the fact that the petitioner has put in appearance and objections have been filed, the injunction application is not being finally decided.

Rule 3A of Order 39 CPC stipulates that where an ex-parte injunction is granted, the injunction application should be finally decided within a period of 30 days. It further provides that the court shall not only make endeavour to finally dispose of the interim injunction application within 30 days from the date on which the injunction was granted but where court is unable to do, it shall record its reason for such inability.

In view of the above provision, the petition is disposed of with the direction to the court concern to follow the mandate of Rule 3A of Order 39 CPC and to ensure speedy disposal of the interim injunction application finally. Petition disposed of accordingly.