Deepkant Shukla And Another vs Shiv Mandir, Kishanpur And Another

Alok Kumar Verma, J

The proposed Appeal under Order XLIII Rule (1) (r) of the Code of Civil Procedure, 1908 has been filed by the plaintiffs challenging the order dated 23.09.2022, passed by learned Vth Additional District Judge, Dehradun in Miscellaneous Case No. 14 of 2021, filed under Section 73 and Section 74 of the Indian Trusts Act, 1882, by which, the learned Judge has allowed the interim injunction application of the defendant no. 2. The proposed Appeal has been filed along with an Application under Section 5 of the Limitation Act, 1963 to condone the delay of 192 days.

Mr. Aditya Singh, learned counsel for the appellants and Mr. Siddhartha Singh, learned counsel for the respondents.

Mr. Aditya Singh, Advocate, submitted that the appellants-plaintiffs do not want to oppose the impugned order dated 23.09.2022 at this stage. The appellants have requested to direct the concerned Court to expedite the matter and decide the same within four months.

Mr. Siddhartha Singh, Advocate, on the other hand, submitted that the concerned Court may be directed to decide the said case within a year.

Perused and gone through the record.

The Delay Condonation Application is allowed. The delay is condoned.

The present Appeal is disposed of at the admission stage with a direction to the concerned Court to decide the said Miscellaneous Case (No. 14 of 2021) as expeditiously as possible, but not later than eight months from the date of receipt of the certified copy of this order.