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Judgment
I.A No. 979 of 2018
Registry has notified that service of notice upon the respondents is complete.
This writ petition was filed way back on 21.07.2010. The petitioner is aggrieved of rejection of Civil Misc. Appeal No. 10 of 2009 by which
the appellate court has declined to interfere with order dated 18.11.2009 passed in the application for temporary injunction filed by the plaintiff. By
order dated 06.09.2010 this Court granted an order of ''status quo''. In the meantime, the defendant who was debarred from filing written
statement moved an application for treating his showcause reply filed to the application for temporary injunction as written statement. Against
dismissal of this application vide order dated 31.08.2013 in Title Suit No. 31 of 2009, the defendant came to this Court in W.P.(C) No. 6224 of
2013. The writ petition stood allowed by an order dated 27.02.2015 permitting the defendant to rely on the documents which were produced by
him along with the showcause reply filed to the application for temporary injunction. The defendant was also permitted to examine himself or any
other witness. Even after about three years when the suit was finally not disposed of, the petitioner has filed an application for direction being I.A
No. 979 of 2018.
Mr. Rupesh Singh, the learned counsel for the petitioner submits that since the parties have maintained ''status quo'' in compliance of order dated
06.09.2010, the application for temporary injunction need not be adjudicated on merits and this writ petition may be disposed of with a direction
to the trial court to dispose of Title Suit No. 31 of 2009, expeditiously.
Expeditious disposal of a suit is the mandate under the Code of Civil Procedure. Various provisions under the Code after the amendment in the
year, 1999 are intended at expeditious resolution of the dispute in the Civil Court. This mandate is also appearing under Rule 1 and 2 to Order
XVII C.P.C.
In the above facts, I.A. No. 979 of 2018 stands allowed.
W.P.(C) No. 3447 of 2010
In view of order passed in I.A. No. 979 of 2018, the writ petition stands disposed of. The trial Judge is directed to dispose of Title Suit No. 31
of 2009 within two months, without granting adjournment to any of the parties, but for just excuse.
Order dated 06.09.2010 passed by this Court in the present proceeding shall remain in force till the disposal of the Title Suit.