The High Court disposed of a writ petition under Article 227 directing the trial court to decide the underlying suit on merits expeditiously without being influenced by prior negative findings on a temporary injunction application.
Direction to trial court to decide suit expeditiously without being influenced by findings on temporary injunction.
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Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 6721 of 2019
Petitioner :- Panna Lal Respondent :- Sharda Prasad And 2 Others Counsel for Petitioner :- Neeraj Srivastava,Hari Mohan Srivastava
Hon'ble Manoj Kumar Gupta,J.
The instant petition is directed against the order dated 22.11.2017, by which the trial court rejected the application for temporary injunction filed by the plaintiff-petitioner in Original Suit No.924 of 2016 as well as the order dated 11.3.2019 passed by the District Judge dismissing Misc. Civil Appeal No.58 of 2018. The courts below have recorded concurrent findings to the effect that the plaintiff-petitioner has failed to prove any prima facie case in his favour.
Counsel for the petitioner very fairly concedes that he is not in a position to point out any illegality or perversity in the findings recorded in this regard by the courts below. He submitted that the trial court be directed to decide the suit on merits within a specified time frame, without being influenced by the findings recorded by the courts below while deciding the application for temporary injunction.
Accordingly, without interfering with the impugned orders, the instant petition is disposed of with direction to the trial court to make serious endeavour to decide the suit expeditiously, by fixing short dates and without granting unnecessary adjournments. While deciding the suit on merits, the trial court shall not be influenced by any finding recorded in the impugned orders while deciding the matter relating to temporary injunction.
(Manoj Kumar Gupta, J)
Order Date :- 15.10.2019 SL
1 issue framed by the court
Whether the High Court should direct the trial court to decide the suit on merits without being influenced by prior findings regarding temporary injunction.
1 provisions across 1 enactments
Panna Lal
Sharda Prasad
2 Others
Manoj Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
