Petitioner sought a direction under Article 227 for the trial court to decide a pending temporary injunction application quickly and restrain respondents from interfering with possession. The Court declined to pass any injunction in exercise of supervisory power and disposed of the petition.
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Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 6552 of 2019
Petitioner :- Lallan Yadav Respondent :- Shrawan Kumar Verma And 5 Others Counsel for Petitioner :- Vinay Bhushan Upadhyay,Narendra Deo Upahdayay
Hon'ble Manoj Kumar Gupta,J.
The principal prayer made in the instant petition is for issuing direction to the trial court to decide the application for temporary injunction Paper No.6-C pending in Original Suit No. 757 of 2018 within a specified time frame. The petitioner has also prayed for a restraint order against the respondents so that no interference is caused in his possession in respect of the suit property.
The suit instituted by the petitioner and one another person is pending since the year 2018. In case the temporary injunction application has yet not been disposed of, it is desirable that the trial court proceeds to decide the said application expeditiously, by fixing short dates and without granting unnecessary adjournments, provided there is no legal impediment. Since the application for temporary injunction is yet to be decided by the trial court, therefore, this Court is not inclined to grant any injunction in exercise of supervisory power under Article 227 of the Constitution.
The petition stands disposed of accordingly.
(Manoj Kumar Gupta, J.)
Order Date :- 5.9.2019 skv
1 issue framed by the court
Whether the High Court should issue directions to the trial court to decide a temporary injunction application expeditiously under Article 227 when the trial court has not yet disposed of it.
1 provisions across 1 enactments
Lallan Yadav
Shrawan Kumar Verma and 5 Others
Manoj Kumar Gupta
As recorded by the court registry
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