MAGAN SINGH Vs. SIRMAUR SINGH

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India has been filed by petitioner-plaintiff seeking indulgence of this Court for a direction to learned Trial Court to decide the application dtd. 4/2/2025 filed by him under Order 39 Rule 1 & 2 CPC read with Sec. 151 of C.P.C. within a stipulated time and further for a direction to respondents not to create the third party interest in the property in-question.

(2.) In substance, the petitioner wants the application under Order 39 Rule 1 & 2 CPC read with Sec. 151 of C.P.C. for temporary injunction to be decided expeditiously.

(3.) Learned counsel for petitioner submits that the suit was filed for cancellation of sale deed and along with the suit, application under Order 39 Rule 1 & 2 CPC read with Sec. 151 of C.P.C. has also been filed on 4/2/2025. Respondents-defendants put in appearance in the said suit on 29/4/2025. But, almost for a period of one year, no objection to the temporary injunction application has so far been filed by respondents-defendants and unnecessary adjournments have been sought by respondents-defendants in the suit, which is being allowed by learned Trial Court after being objected by petitioner-plaintiff, on cost of Rs.300.00.