The High Court disposed of a writ petition seeking to set aside interim orders and direct the trial court to decide a suit expeditiously within eight months without unnecouter adjournments.
The trial court shall decide O.S. No.102 of 2018 within eight months expeditiously, without unnecessary adjournments or influence from impugned orders.
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Court No. - 59
Case :- MATTERS UNDER ARTICLE 227 No. - 4231 of 2019
Petitioner :- Julf Khan Respondent :- Shekh Abdulla Counsel for Petitioner :- Swatantra Pratap Singh,H R Mishra Senior Advocate
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri H R Mishra, learned Senior Advocate assisted by Sri Swatantra Pratap Singh, learned counsel for the defendant-petitioner.
This petition has been filed praying to set aside the interim order dated 5.9.2018 in O.S. No.102 of 2018 (Shekh Abdulla Vs. Julf Khan) passed by Civil Judge (S.D.) Jaunpur and the order dated 18.4.2019, dismissing the appeal of the defendant-petitioner, passed by the District Judge, Jaunpur in Misc. Civil Appeal No.57 of 2018.
Learned counsel for the petitioner submits that the impugned orders may be set aside and in the interest of justice the O.S. No.102 of 2018 (Shekh Abdulla Vs. Julf Khan) may be directed to be decided within a time bound period.
In the aforesaid injunction suit, the interim order dated 5.9.2018 has been passed by the Civil Judge (S.D.), Jaunpur, on prima facie case for interim relief made out by the plaintiff-respondent. Therefore, I do not find any good reason to interfere with the interim order.
The second submission of the learned counsel for the petitioner needs consideration in the interest of justice.
Therefore, this petition is disposed of providing that the concerned court below shall decide O.S. No.102 of 2018 (Shekh Abdulla Vs. Julf Khan) in accordance with law, expeditiously, preferably within eight months from the date of submission of certified copy of this order, without granting any unnecessary adjournment to either of the parties, without being influenced by any of the observations made either in the impugned interim order or the appellate order.
Order Date :- 23.5.2019/vkg
2 issues framed by the court
Whether the High Court should interfere with the interim order passed in O.S. No.102 of 2018.
Whether the trial court should decide the suit expeditiously within a time bound period.
Julf Khan
Shekh Abdulla
Surya Prakash Kesarwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
