Petitioner sought writ direction for ad interim injunction in a pending civil suit. Court held writ not necessary as matter is with trial court. Petitioner directed to expeditiously decide application within four months, no adjournments.
Trial court directed to decide application for ad interim injunction within four months without unnecessary adjournments.
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Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 1991 of 2019
Petitioner :- Bechu Respondent :- Triveni And 11 Others Counsel for Petitioner :- Shree Prakash Giri
Hon'ble Harsh Kumar,J.
Supplementary affidavit filed by learned counsel for petitioner is taken on record.
The present petition has been filed for issuance of appropriate direction to trial court for deciding petitioner's application for ad interim injunction under Order XXXIX Rule 1 & 2 of C.P.C. in his Civil Suit No.1124 of 2018 "Bechu Vs. Triveni and others" pending before Civil Judge (Junior Division), Mirzapur and for issuing an ad interim injunction order till conclusion of proceedings of civil suit.
Learned counsel for petitioner submits that in Civil Suit No.1124 of 2018 filed by him defendants-respondents no.1 to 4 against whom relief of injunction has been sought, have put in appearance through counsel vide Vakalatnama at page 14 of supplementary affidavit. He further submits that in another suit filed by Mahmood Khan being Civil Suit No.1105 of 2018 adinterim injunction has been issued in favour of plaintiff against Sanjay Kumar on 11.10.2018.
Upon hearing learned counsel for the parties and perusal of record, I find that since the matter is pending for disposal before trial court, there may be no reason for issuance of ad-interim injunction by this Court under Article 226 of Constitution of India. The writ petition is disposed of with the direction to court below i.e. trial court Civil Judge (Junior Division), Mirzapur for expeditious disposal of application under Order XXXIX Rule 1 & 2 of C.P.C. moved by petitioner-plaintiff in Civil Suit No.1124 of 2018 after affording reasonable opportunity of hearing to parties in accordance with law, if possible within a period of four months from the date of production of certified copy of this order, without granting any unnecessary adjournment to either party.
Order Date :- 18.4.2019 Kpy
3 issues framed by the court
Whether a writ petition is necessary for direction to trial court to decide an application for ad interim injunction in a pending civil suit.
Whether the trial court should expedite the disposal of the injunction application within a specific timeline.
Whether an ad interim injunction should be granted by this court instead of the trial court.
Bechu
Triveni
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
