Disposed

Jagnnath Sharma v. Satish Chand Sharma and 2 Others

Allahabad HC7 Jun 2019A227/4835/2019

Case brief

AI extract

What is this about?

This petition under Article 226 sought to expedite an appeal dismissed due to non-deposit of costs. The court directed the petitioner to move the District Judge for urgency and deposit the outstanding amount within one week. It reserved adjudication on the merits and nature of urgency.

What did the court decide?

Petitioner directed to move an application for urgency before the District Judge and deposit the outstanding costs within one week.

Jagnnath Sharma Vs Satish Chand Sharma and… — Civil Procedure and Limitation | Allahabad HC (2019)

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Court No. - 36

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Case :- MATTERS UNDER ARTICLE 227 No. - 4835 of 2019 Petitioner :- Jagnnath Sharma Respondent :- Satish Chand Sharma And 2 Others Counsel for Petitioner :- Avnish Kumar Srivastava,Priyanka Sharma

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Hon'ble Ajay Bhanot,J.

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Heard Sri Avnish Kumar Srivastava, learned counsel for the petitioners and learned counsel for the respondents.

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The application for interim injunction filed by the plaintiffpetitioner registered as Application No. 6C was rejected by the learned trial court by order dated 02.02.2015. The petitioner took the order rejecting the application for interim injunction in appeal by instituting an appeal on 01.04.2015 along with a delay condonation application. The delay condonation application was allowed by the learned appellate court on 15.04.2018 subject to deposit of Rs. 4,000/- as costs. The petitioner could not deposit the aforesaid amount within the time. Consequently, the appeal was consigned to the records by order dated 15.09.2018. The petitioner moved an application under Section 148 and 151 C.P.C. for extension of time to deposit the costs. The application has been rejected by order dated 24.04.2019.

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No useful purpose would be served by keeping this petition pending.

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Learned counsel for the petitioner contends that there is an urgency in the matter since the respondents are taking advantage of the orders passed by the appellate court. If that be the case, it is open to the petitioner to move an application of urgency before the District Judge. The petitioner shall deposit the amount within a period of one week. In case the amount is deposited, learned District Judge may consider the application for urgency and if so required may also nominate the Judge during the vacation to hear the appeal.

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Since the order is being passed ex-parte to the respondents, it is open to the respondents to apply for recall in case any material facts have not been disclosed.

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It is clarified that this Court has not returned any finding on the nature of urgency or the merits of the case, it is for the competent courts to do so in accordance with law.

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The petition is disposed of.

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Order Date :- 7.6.2019 Dhananjai

Jagnnath Sharma v. Satish Chand Sharma and 2 Others

Case brief

What is this about?

What did the court decide?

Jagnnath Sharma v. Satish Chand Sharma and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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