Disposed

Smt. Jaggi Devi and Another v. Mohd. Musharraf

Allahabad HC3 Jul 2018A227/4025/2018

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition but directed the Civil Court in Allahabad to expedite proceedings in a property suit alleging it was a second suit filed by concealment, pending an interim injunction application.

What did the court decide?

Expedite proceedings of original suit no. 1729 of 2008 to decide the interim injunction application and issue of maintainability within four months.

Smt. Jaggi Devi and Another Vs Mohd… — Civil Procedure and Limitation | Allahabad HC (2018)

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Court No. - 36

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Case :- MATTERS UNDER ARTICLE 227 No. - 4025 of 2018

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Petitioner :- Smt. Jaggi Devi And Another Respondent :- Mohd. Musharraf Counsel for Petitioner :- Shrawan Kumar Mishra,Anand Srivastava

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Hon'ble Mrs. Sunita Agarwal,J.

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The prayer made in the present writ petition is to expedite the proceeding of original suit no. 1729 of 2008 (Musharraf vs. Harish Chandra and other) pending in the Court of Civil Judge (S.D.), F.T.C., Allahabad, which according to the petitioners is a second suit filed for the same relief.

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With reference to the certified copy of the plaint of original suit no. 455 filed on 27.3.2008, it is submitted by the learned counsel for the petitioners that the said suit has been filed with the relief of permanent injunction against the petitioners/defendants, wherein the plaintiff could not get an interim injunction. In the subsequent suit namely original suit no. 1729 of 2008 filed by concealment of the fact of the previous suit, the plaintiff/respondent has been able to get an ex-parte interim injunction on 15.12.2008. As soon as the petitioners/defendants got to know about the said fact, they filed an application under Section 10 C.P.C. alongwith the written statement.

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The matter has not been proceeded with required pace since then. The respondent is, thus, enjoying an ex-parte interim injunction obtained by misrepresentation and concealment of correct facts.

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Considering the said submissions, having gone through the plaints of two suits filed by the respondent/plaintiff, this Court is of the considered opinion that the Court below is under obligation to deal with the matter at the earliest so as to curb the misuse of the process of the Court.

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In view thereof, without expressing any opinion on the merits of claim of the petitioners/defendants, the present writ petition is being disposed of with the direction to the Court of Civil Judge (Senior Division), F.T.C., Allahabad to expedite the proceedings of original suit no. 1729 of 2008 (Musharraf vs. Harish Chandra and other).

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An endeavour shall be made by the Court below to decide the interim injunction application pending in the aforesaid suit as also to decide the issue with regard to the maintainability of the suit considering the objections of the petitioners/defendants that the same is second suit for the same relief, expeditiously, preferably within a period of four months from the date of submission of certified copy of this order.

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It is made clear that no unnecessary adjournments would be granted to either of the parties and in case of any such adjournment, heavy cost shall be imposed by the Court upon the

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party concerned.

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With the above observations and directions, the present petition under Article 227 of the Constitution of India is disposed of .

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Order Date :- 3.7.2018 Brijesh

Smt. Jaggi Devi and Another v. Mohd. Musharraf

Case brief

What is this about?

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Smt. Jaggi Devi and Another v. Mohd. Musharraf

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