UMA KANT GUPTA Vs. CIVIL JUDGE

JUDGEMENT

(1.) Heard Sri A.K. Gupta, learned Counsel for the petitioner and Sri Manoj Kumar Sharma, learned Counsel for respondent No. 2. By means of this writ petition the petitioner has come up to this Court seeking a direction that his application under Order XXXIX, Rules 1 and 2, C.P.C. filed in Original Suit No. 133 of 2012 for permanent injunction pending before the Civil Judge (Senior Division), Moradabad be considered and decided upon the urgency that the defendant-respondent No. 2 is threatening to take over possession of the property in collusion with some property dealers.

(2.) According to the learned Counsel for the petitioner, the said application was filed on 10.2.2012 alongwith the suit.

(3.) Learned Counsel for both the sides state that since the notice has been served upon the defendant and the affidavits have also been exchanged between the parties, therefore, there is no impediment for the Court to hear the matter on the next date fixed. Both the learned Counsel for the parties submitted that 28th February, 2012 is the next date fixed. Learned Counsels for both sides submit that the said application may be decided on the next date fixed.