- (1.) THIS writ petition has been filed with the prayer to issue a writ in the nature of mandamus directing the Civil Judge (Senor Division), Lucknow to dispose of the Suit No. 199 of 2007, Abdul Majeed Vs. Mohd. Aziz -uz Zafar and others as provided by this Court in its order dated 02.04.2013, passed in Writ Petition No. 6945 (MS) of 2012, Abdul Majeed Vs. Additional District and Sessions Judge, Court No. VII and others. It has also been prayed that a writ in the nature of mandamus be also issued directing the opposite parties to enable the petitioners to deal with their property. The prayer clause of the writ petition runs as under: - (i) to issue a writ, order or direction in the nature of Mandamus directing the opposite party No.1 to dispose off the Suit No. 199 of 2007; Abdul Majeed Vs. Mohd. Aziz -ur Zafar and others, pending before the opposite party No.1 as provided by this Court within a further period of two months; (ii) to issue a writ, order or direction in the nature of Mandamus directing the opposite parties to enable the petitioners to deal with their property as this Hon'ble Court may deem just and proper in the circumstances of the case.
(2.) IT appears that in respect of a dispute relating to House No. 27/14, situate at Ram Mohan Rai Road, Lucknow, a suit by Abdul Mazid (respondent No.2 herein) for permanent injunction was filed with the prayer that the defendants (petitioners herein) be restrained from transferring or alienating the property in dispute as well as dismantling the same or raising any construction thereon. The said Suit has been registered as Regular Suit No. 199 of 2007.
(3.) THE learned trial court, it appears, by means of an order dated 07.02.2009 rejected the application seeking interim injunction, against which plaintiff (respondent No.2 herein) filed an appeal before the learned District Judge, which, too, was dismissed by means of judgment and order dated 12.10.2010. Abdul Majeed (respondent No.2 herein) has filed a writ petition before this Court bearing Writ Petition No. 6945 (MS) of 2012, which was disposed of by this Court on 02.04.2013 directing the learned trial court below to decide the suit, expeditiously, as early as possible, say, within a period of six months from the date a certified copy of the said order could be produced before the trial court. Submission of learned counsel for the petitioner is that despite the order dated 02.04.2013, passed by this Court in Writ Petition No. 6945 (MS) of 2012, the suit is still pending before the trial court. Hence this writ petition.;