RAFI ULLAH (DECEASED) AND OTHERS Vs. CIVIL JUDGE (S.D.), BASTI AND ANOTHER
LAWS(ALL)-2012-12-227
HIGH COURT OF ALLAHABAD
Decided on December 03,2012

Rafi Ullah (Deceased) And Others Appellant
VERSUS
Civil Judge (S.D.), Basti And Another Respondents

JUDGEMENT

Pankaj Mithal, J. - (1.) HEARD learned counsel for the petitioners. The petitioners have come in this petition for a direction in the nature of mandamus commanding the respondent No. 1, Civil Judge (Senior Division), Basti to decide the objection against the interim injunction order dated 25.3.2010 passed in Civil Suit No. 131 of 2010 (Vishwa Nath Pandey Vs. Rafi Ullah and others) within a stipulated period.
(2.) RULE 3 -A of order 39 CPC stipulates that where an ex -parte injunction is granted, the injunction application should be finally decided within a period of 30 days. It further provides that the court shall not only make endeavour to finally dispose of the interim injunction application within 30 days from the date on which the injunction was granted but where court is unable to do, it shall record its reason for such inability. In view of the above provision, the petition is disposed of with the direction to the court concerned to follow the mandate of Rule 3 -A of Order 39 CPC and to ensure speedy disposal of the interim injunction application finally.;


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