The High Court issued a direction under Article 227 directing the Civil Judge to expeditiously decide a pending temporary injunction application in Original Suit No.171 of 2017, ideally within three months, without adjournment.
Direction to the Civil Judge to decide the pending temporary injunction application within three months without adjournment.
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Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 432 of 2019
Petitioner :- Praveen Kumar Singh Respondent :- Dr. Gambhir Singh Counsel for Petitioner :- Manoj Kumar Singh,Awadhesh Kumar Malviya
Hon'ble Mrs. Sunita Agarwal,J.
Learned counsel for the petitioner prays and is granted permission to correct the prayer clause of the present petition during the course of the day.
The petitioner herein is one of the defendant in Original Suit No.171 of 2017 and seeks to expedite the suit proceedings.
On a pointed query made by this Court, learned counsel for the petitioner informs that the temporary injunction application is pending consideration before the court below and during the pendency thereof, ex-partie interim injunction order dated 01.04.2017 has been granted in favour of the plaintiff. The plaintiff has succeeded in getting ex-partie interim injunction by concealment of material fact that the defendant is true owner of the suit property.
Be that as it may, noticing the fact that the temporary injunction application is pending consideration, the present petition is being disposed of with the direction to the Civil Judge (J.D.), East, Ballia to decide the temporary injunction application 6C2, pending in Original Suit No.171 of 2017 (Dr. Gambhir Singh Vs. Praveen Kumar Singh and another), as expeditiously as possible, preferably, within a period of three months from the date of submission of the certified copy of this order, without granting any unnecessary adjournment to any of the parties.
Order Date :- 13.2.2019 Radhika
2 issues framed by the court
Whether the temporary injunction application pending in Original Suit No.171 of 2017 must be decided expeditiously.
Whether the civil court below is directed to dispose of the pending application within three months without adjournment.
Praveen Kumar Singh
Dr. Gambhir Singh
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
