- (1.) The petitioners have filed a suit being Suit No. 2347 of 2004 for permanent injunction along with application 6-C under Order XIII Rule 1 and 2 CPC. The trial court vide order dated 15.10.2004 issued notices on the application 6-C. But none has put? in appearance? and the application has remained pending.
(2.) According to the learned counsel for the petitioner, no objection to the said application? has been filed nor any written statement etc. have been filed? by the defendants-respondents.
(3.) Learned counsel further submits that more than 7 years have been passed and now the defendants are trying to encroach upon the property of the petitioners and prays that 6-C application filed by the petitioners which has remained pending, be considered and decided.? A Division Bench of this Court in Km. Shobha Bose Vs. Judge Small Causes and others,2010 1 ADJ 531 has held that such a direction should normally be not given for deciding a suit early.?;