Rajni Kothiyal vs Shalini

Manoj K. Tiwari, J

Learned counsel for the petitioner undertakes on behalf of his client to file hardcopy of the affidavit and Vakalatnama with physical signatures of

the petitioner, within two weeks from today.

In view of the undertaking given by learned counsel for the petitioner, Exemption Application (IA No. 2 of 2021) stands disposed of.

Respondent â€" Smt. Shalini filed a suit for permanent injunction in the month of March, 2020 before learned Civil Judge (S.D.), Vikasnagar,

Dehradun. An order of temporary injunction was passed in her favour. Petitioner, who is defendant to the suit has filed written statement before the

trial court. She has also filed application under Order 7 Rule 11 of C.P.C. for rejection of plaint on 10.02.2021. Petitioner has also filed application for

vacation of the tejmporary injunction.

Grievance of the petitioner is that both the applications, filed by her, are not being considered, therefore, she has sought a direction to the court

concerned for disposal of those applications expeditiously.

Having regard to the facts and circumstances of the case, the writ petition is disposed of with a request to learned trial court to consider

petitioner’s application under Order 7 Rule 11 of C.P.C. as early as possible, preferably within six months from the date of production of certified

copy of this order. If the said application, filed by petitioner is rejected, then learned trial court shall consider petitioner’s application for vacating

the temporary injunction, within three months thereafter.