Yogesh Tiwari and another vs State of U.P.and others

Abhinava Upadhya, J.—Respondent No. 2 had filed a suit being Suit No. 39 of 2011 (Noor Mohd. v. Yogesh Tiwari) before the Civil Judge (Senior Division), Meerut for permanent injunction. In the said suit an application under Order XXXIX, Rules 1 and 2, C.P.C. was also filed. The Court below without issuing any notice temproary injunction has been granted in respect of the suit property against the defendantspetitioners.

Thereafter, the petitioners immediately filed their objections on 20th January, 2011 and since then only dates are being fixed. Therefore, the petitioners have come up to this Court to decide their objections at an early date.

According to the learned Counsel for the petitioners, thrice the plaintiffs have been given opportunity with costs in the proceedings under Order XXXIX, Rules 1 and 2, C.P.C. but their objections have not been decided.

Learned Counsel for the petitioners prays that the objection of the petitioners be considered and decided.

Considering the facts and circumstances of the case, this writ petition is being disposed of with the direction to the Additional Civil Judge (Senior Division), Meerut to consider and pass appropriate order on the objection/application filed under Order XXXIX, Rules 1 and 2, C.P.C. by the defendants keeping in mind the interest of the parties and without granting unnecessary adjournment to either of the parties.

With the aforesaid direction, the petition stands finally disposed of.