YOGENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned Standing Counsel for the opposite parties No.1, 2 and 3. Notice need not be issued to the opposite parties No. 4 to 7 in view of the order, which is proposed to be passed. The only prayer made on behalf of the petitioners is that a writ of mandamus be issued commanding the opposite party No.2 to decide the application under Order 39 Rule 1 & 2 C.P.C. filed by the petitioners in Original Suit No.186 of 2009, Yogendra Singh and others Vs. Vishwanath Singh and others, on the next date fixed i.e. 30.04.2009 or within a stipulated period of time. The prayer appears to be innocuous. In view of the above, the writ petition is finally disposed of with a direction to the Civil Judge (J.D.), Sadar, Faizabad/ opposite party No.2 to decide the application under Order 39 Rule 1 & 2 C.P.C. filed by the petitioners in Original Suit No.186 of 2009, Yogendra Singh and others Vs. Vishwanath Singh and others, if possible on 30.04.2009 and if for any reason, the opposite party No.2 is unable to decide the injunction application filed in the aforesaid suit on 30.04.2009, the same shall in any case be decided within a further period of one month from 30.04.2009 provided there is no other legal impediment. Learned counsel for the petitioners shall file certified copy of this order before the opposite party No.2 within a week from today.