Chandrabhan vs Muneer Alam And Another

Pankaj Purohit, J

A suit has been filed by the petitioner-plaintiff for permanent injunction in the court of learned Civil Judge (S.D.) Roorkee, Haridwar, which was registered as Original Suit No.135 of 2024, Chandrabhan Vs. Muneer Alam and another. In the said suit an application under Order 39 Rule 1/151 of C.P.C. supported by an affidavit has also been filed for temporary injunction.

In the said application, the objections were called from the respondents-defendants vide order dated 14.03.2024. The said objection according to the counsel for the petitioner was also filed on 02.07.2024 which has been annexed by the petitioner-plaintiff in the present writ petition as annexure no.3.

Learned counsel for the petitioner-plaintiff has drawn attention of this Court to the order sheet which has been annexed as annexure no.5 to the writ petition and submits that since 02.07.2024 the application 6C2 moved under Order 29 Rule 1/151 of C.P.C. is pending disposal

Heard learned for the petitioner-plaintiff and perused the record.

It is sorry state of affairs that when objection to the application for temporary injunction has been filed on 02.07.2024, the said application should have been decided by the trial court expeditiously. This Court is taking serious view of the matter as to how the trial is being proceeded by the Trial Court.

Having perused the documents and order sheet annexed with the writ petition, this Court is of the view that a case is made out for a direction for expeditious disposal of the temporary injunction application 6C2.

Accordingly the writ petition is allowed. Learned trial court i.e., Additional Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Roorkee, Haridwar, is directed to decide the application 6C2 moved by the petitioners for temporary injunction in the Original Suit No.135 of 2024, Chandrabhan Vs. Muneer Alam and another, within 15 days from the date of production of certified copy of this order.