Pankaj Purohit, J
1. This writ petition has been filed under Article 227 of the Constitution of India, whereby the petitioner- plaintiff has sought a direction for expeditious disposal of Application No. 62C filed under Order 7 Rule 11 of the C.P.C. by the respondents-defendants, as well as disposal of the temporary injunction application, Paper No.6C, filed by the petitioner-plaintiff in Original Suit No. 118 of 2023, Meena Pande vs. Ganesh Dutt and Others.
2. It is contended by learned counsel for the petitioner-plaintiff that the suit was filed on 06.11.2023 for permanent and mandatory injunction against the respondents-defendants, and along with the said suit, an Application Paper No.6C was also moved seeking temporary injunction.
3. The learned trial court issued notice on the said application to the respondents-defendants for filing objections. The objections were filed, and the temporary injunction application matured for hearing on 30.05.2024.
4. Since then, the said application has remained pending merely for the reason that, in the meantime, Application No.62C under Order 7 Rule 11 C.P.C. has also been moved by the respondents-defendants. The said application has been adjourned more than 17 times by the trial court as "part-heard".
5. It is submitted by learned counsel for the petitioner-plaintiff that the decision on the temporary injunction application is dependent upon the decision on the application under Order 7 Rule 11 C.P.C., and for this reason, the temporary injunction application has remained pending since 06.11.2023.
6. Learned counsel for the petitioner-plaintiff further apprehends that the respondents-defendants intend to dispose of the property in question, which is the subject matter of the suit, by keeping the applications pending. He, therefore, prays for a direction to the learned trial court to decide Paper No.62C as well as Paper No.6C expeditiously within a stipulated time frame.
7. Having heard learned counsel for the petitioner-plaintiff and having perused the order sheet annexed with the writ petition as annexure no.3, this Court is of the view that the matter has been adjourned on one pretext or another.
8. The petitioner-plaintiff has, therefore, made out a case for a direction for expeditious disposal of the aforesaid applications within a stipulated time period.
9. Accordingly, the writ petition stands disposed-off with a direction to the learned Civil Judge (Junior Division), Haldwani, District Nainital, to decide Application Paper No.62C under Order 7 Rule 11 of C.P.C. as well as Application Paper No.6C under Order 39 Rules 1 and 2 of C.P.C. expeditiously, preferably within a period of 30 days from the date of production of a certified copy of this order.
