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Judgment
V.K. Bist, J.—The petitioners instituted Original Suit No. 108/2010 before the Civil Judge (Sr. Div.), Dehradun for declaring the Committee of Mahavdevi Kanya Pathshala College as powerless, ineffective, illegal and void w.e.f. 16.08.2009 and also for permanent injunction restraining the defendant Nos.1 to 11 from interfering in the working of the Institution run by the Society. The petitioners also filed interim injunction application 6(c)2 for restraining the defendant Nos. 1 to 11 in the suit from controlling the finances and the affairs of all the educational activities of the defendant No. 19 and conduct any meeting of governing body of defendant No. 19 or managing committees under the said governing body and to make any new member and create any 3rd party interest in the property where educational activities of the defendant No. 19 is operative till the disposal of the suit. The learned Civil Judge (Sr. Div.), Dehradun did not pass any order in the said application and issued notices to the defendants. The petitioner preferred writ petition No. 409/2010 (M/S), which was decided on 26.03.2010 with the direction to the Civil Judge (Sr. Div.), Dehradun to decide the interim injunction application No. 6(c)2 on the date fixed "i.e. 29.03.2010" or within one week thereafter. The Trial Court declined to pass order on the said application on 05.04.2010 on the ground that another application filed by the petitioners u/s 10 of C.P.C. was allowed and the proceedings of the suit were stayed on 05.04.2010. The order passed by the Civil Judge (Sr. Div.), Dehradun dated 05.04.2010 was challenged by the petitioners in writ petition No. 533/2010, which was decided on 21.05.2010 and order dated 05.04.2010 passed by the Civil Judge was quashed. On 21.05.2010, this Court again directed the Civil Judge (Sr. Div.), Dehradun to decide the 6(c)2 application moved by the petitioners within a period of one week from the date of production of certified copy of the order. Certified copy of the order dated 21.05.2010 passed by this Court in writ petition No. 533/2010 was filed in the Court of Civil Judge (Sr. Div.), Dehradun on 24.05.2010, but inspite of the order passed by the High Court, the said application was not decided in time and now 02.07.2010 has been fixed. Now, this is third round of litigation when the petitioners have approached this Court for grant of interim injunction against the respondents.
This Court in its order dated 07.06.2010 has shown its deep displeasure and has referred the matter to Hon''ble the Administrative Judge, Dehradun.
Though, the writ petition can be adjudicated finally by this Court, but keeping in view the fact that direction was issued by this Court to the Civil Judge (Sr. Div.), Dehradun twice to decide the 6(c)2 application of the petitioners and the application 6(c)2 is still pending, this Court thinks it proper to direct the District Judge, Dehradun to nominate a Judicial Officer to hear the case during vacation.
Therefore, the learned District Judge, Dehradun is directed to nominate a Civil Judge to hear 6(c)2 application of the petitioners during vacation. The learned District Judge, Dehradun shall pass order nominating such Civil Judge (Sr. Div.) within two days from the date of receipt of certified copy of the order. He is also directed not to nominate the Civil Judge (Sr. Div.) who was looking after the case earlier. After nomination is made, the concerned Civil Judge shall decide the 6(c)2 application of the petitioners within a period of one week from the date when the case file is received by him. Both the parties are directed to appear before the Court and not to take adjournment in the case.
With the aforesaid direction, the writ petition is disposed of.