SBCWP No.2726/2009 Raj Mohan Vs. Smt. Vidhya Devi 1 SBCWP No.2726/2009 Raj Mohan Vs. Smt. Vidhya Devi DATE OF ORDER : - 1.4.2009 HON'BLE MR. PRAKASH TATIA, J. Mr. SL Jain, for the petitioner. <><><> Heard learned counsel for the petitioner. The writ petition of the petitioner is disposed of in view of the fact that according to the petitioner in the trial court the matter was fixed on 20th March, 2009 and it was requested that matter may be heard on an early date, the court below observed that since the date fixed is 20th March, 2009 there is no reason to hear the matter only 3 days before that date. However, on 20th March, 2009 when case was required to be heard, the matter was adjourned to 15th May, 2009 by mentioning that post of the court of Addl. District Judge No.1, Chittorgarh is vacant and the link court has not heard the matter in spite of the fact that application for grant of injunction is pending before the court and the link court has been given power to decide all even routine SBCWP No.2726/2009 Raj Mohan Vs. Smt. Vidhya Devi 2 matters. In view of the fact that the petitioner is seeking early hearing of the matter and his prayer is rejected by the trial court only on the ground that there is no reason to prepone the matter for 3 days then in that situation, the trial court should not have adjourned the matter in such routine manner without recording any reason. Therefore, the petitioner may submit an application before the court below for preponing the date and the court below is requested to proceed to decide the injunction application at least and if needed before that application under Order 6 Rule 17 CPC may be disposed of. In view of the above, the writ petition of the petitioner is disposed of accordingly. (PRAKASH TATIA), J. c.p.goyal/-