RAM PAL Vs. CIVIL JUDGE

JUDGEMENT

(1.) This is a revision under Section 115 of the Code of Civil Procedure, 1908 against the order dated 28.2.2003 passed by the opposite party No. 1 Civil Judge Hawali (Junior Division), Lucknow in Regular Suit No. 167 of 2003, Ram Pal v. Shanker Lal and Ors. by which the learned trial court in the suit filed by the plaintiff has issued notice on an application under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure instead of granting or refusing any injunction.

(2.) At the time of hearing at the admission stage, the learned counsel for the revisionist has stated that in the trial court, the application for ad-interim injunction is fixed for hearing on 15.4.2003 and he has conceded that in view of the decision of this Court in Rajendra Singh and Ors. v. Brij Mohan Agarwal and Anr., 2003 (1) JCLR 314 (All), this revision is not maintainable. So he does not press this revision and requests for direction to the trial court to expedite the disposal of the application for ad-interim injunction on the date fixed.

(3.) In view of the above, the revision being not pressed is dismissed at admission stage with the direction to the trial court to hear and decide the application for ad-interim injunction on the date fixed according to law expeditiously.