SHIV NARAYAN AND ANOTHER Vs. RAMKESH AND OTHERS

JUDGEMENT

(1.) -The petitioners have preferred this writ petition under Art. 226 of the Constitution for direction upon the Civil Judge (Junior Division) Chitrakoot to decide the application under Order 39 Rule 1 Civil Procedure Code.

(2.) In view of the proposed order there is no need to issue notice to the respondents. The writ petition is disposed of in terms of the Rules of the Court.

(3.) Briefly stated the facts of the case are that the petitioners have filed a suit for permanent injunction which has been registered as Suit No. 261 of 2012, Shiv Narain Vs. Ram Shanker . The plaintiff has moved application 6-C under Order 39 Rule 1 Civil Procedure Code which is still pending before the learned Civil Judge. It is stated that defendant-respondents are trying to delay the matter and taking advantage of pendency of the suit. They want to change the nature of the property.