In a writ petition under Article 227, the High Court directed the Civil Court to conclude pending proceedings involving an application for interim injunction under Order 39 Rule 2A CPC within four months to prevent delay and ensure justice.
Directed the Civil Judge to conclude the proceeding under Order 39 Rule 2A CPC within four months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 1
Case :- MATTERS UNDER ARTICLE 227 No. - 2984 of 2021
Petitioner :- Nanu Alias Mamchand Respondent :- Ajay And 6 Others Counsel for Petitioner :- Prashant Rai
Hon'ble Rohit Ranjan Agarwal,J.
This writ petition has been filed with the following relief:
" To direct the Civil Judge (J.D.), Hawali, Saharanpur to decide the Misc. Case No. 16 of 2021 Nanu @ Mamchand vs. Ajay and others under Order 39 Rule 2A of C.P.C. in O.S. No.84 of 2021 Nanu @ Mamchand Vs. Ajay and others expeditiously as possible as within stipulated time fixed by this Hon'ble Court."
From perusal of the record it transpires that the petitioner had filed Original Suit No.84 of 2021 (Nanu @ Mamchand Vs. Ajay and others) before Civil Judge (Junior Division) Hawali, Saharanpur, for the relief of permanent prohibitory injunction against defendant-respondent. An application for interim injunction was also moved, and on 27.01.2021 interim injunction was granted in favour of the petitioner. Despite the fact that the notice had already been served upon the defendant-respondent and the Court Amin had submitted report in regard to land in question on 11.01.2021, the defendant had damaged the boundary wall and stone pillar of the plaintiff. An application under Order 39 Rule 2A read with Section 151 C.P.C. was moved by the petitioner, which is pending consideration. A limited prayer has been made for early disposal of the said application.
No useful purpose would be served in keeping the matter pending, as such, Civil Judge (Junior Division), Hawali, Saharanpur is directed to conclude the said proceeding pending under Order 39 Rule 2A C.P.C. in Original Suit No.84 of 2021, in accordance with law, preferably within a period of next four months from the date of receipt of a copy of this order downloaded from the website of the High Court, after hearing all the parties concerned.
Writ petition stands disposed of.
Order Date :- 9.7.2021 Kushal
2 issues framed by the court
Whether the mandamus should direct the Civil Court to expeditiously decide a pending application for interim injunction under Order 39 Rule 2A CPC.
Whether a specific time limit should be imposed for the disposal of the said proceeding.
3 provisions across 2 enactments
Nanu Alias Mamchand
Ajay And 6 Others
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
