SHEKHAR KALIA Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The short prayer of the learned counsel for the petitioner is that the petitioner had filed a suit before the Court of the learned Civil Judge (Senior Division), Ludhiana, on 18.6.2013. Alongwith the suit, an application under under Order 39 Rules 1 and 2 read with Section 151 of Code of Civil Procedure, 1908, for temporary injunction was also filed. The said application is pending since then and has not been decided.

(2.) It is contended that after the completion of pleadings, the case was fixed for arguments for the first time on 20.11.2014 and thereafter, the arguments of first party were heard and thereafter, the case was fixed for arguments of respondent. Even thereafter till date, the application for temporary injunction has not been decided.

(3.) The perusal of the interim orders shows the sorry state of affairs. An application for temporary injunction is required to be decided within 30 days. Even if it is assumed that after the service of respondent, the application should be decided within 30 days, even then after the appearance of defendants and much later after the completion of the pleadings, the application for temporary injunction was not decided within 30 days. Rather, liberal adjournments were granted by the then learned Civil Judge (Senior Division), Ludhiana, who now appears to have been transferred. The new officer followed him in giving liberal adjournments and the case is pending just for arguments on the said application. I am of the view that in these three years, the main suit could have been easily decided, but unluckily the matter is being adjourned only for deciding the application for temporary injunction.