J.K.RANKA, J. - (1.) INSTANT petition has been filed under Articles 226 and 227 of Constitution of India seeking a direction to the trial court to decide the application of temporary injunction filed by the petitioner -plaintiff in the suit expeditiously.
(2.) THE prayer made in the writ petition is as under: "It is, therefore, humbly and respectfully prayed that this Hon'ble Court may be pleased to accept and allow this writ petition and tis Hon'ble Court further be pleased to direct the learned Additional District Judge No.2, Jhunjhunu camp at Chirawa to expedite the trial of the suit as instituted by the plaintiff petitioner bearing no.46/2012 titled as Smt Meena vs Hakimuddin and others. The Hon'ble Court may further be pleased to direct the learned trial court to adjudicate the application for grant of temporary injunction as filed by the petitioner bearing no.129/2012 in the civil suit in expeditious manner."
(3.) THE brief facts of the case are that the plaintiff petitioner filed a suit before the learned District Judge, Jhunjhunu for setting aside the judgment and decree dated 19.4.2001 and for cancellation of sale deeds along with an application for temporary injunction. The said suit was listed for grant of ad interim injunction before the learned Addl. Sessions Judge, Jhunjhunu on 21.12.2012 and the court issued notice to defendants and fixed the date of appearance of the defendant as 8.2.2013. Notice were not issued on 21.12.2012. Again notices were issued and date of appearance of defendants was fixed as 17.3.2014, on this day work was suspended and the case was fixed for 1.5.2014. Respondent no.2 represented through his lawyer and service on other respondents were not completed and the case was adjourned.;