This court disposed of a petition under Article 227 seeking to quash an order rejecting an injunction. Without adjudicating merits, the judge directed the lower court to decide the pending appeal within six weeks.
Directed the court below to decide the pending appeal within six weeks.
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Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 3968 of 2021
Petitioner :- Uma Shankar @ Kallan Respondent :- Nagar Nigam And Another Counsel for Petitioner :- Suresh Chandra Pandey Counsel for Respondent :- C.S.C.,Harsh Vardhan Gupta
Hon'ble Prakash Padia,J.
Heard Shri Saurabh Pandey, Advocate holding brief of Shri S.C. Pandey, counsel for the petitioner and Shri Harsh Vardhan Gupta, learned counsel appearing on behalf of respondent no. 1.
The petitioner has preferred the present petition with the prayer to set aside the order dated 02.04.2021 passed by District Judge, Mathura in Misc. Civil Appeal No. 19 of 2021 (Umashankar alias Kallan Vs. Nagar Nigam Mathura as well as order dated 25.03.2021 passed by Civil Judge (J.D.), F.T.C., Mathura passed in Original Suit No. 685 of 2010 (Uma Shankar Vs. Nagar Palika and Others).
It appears from perusal of the record that trial court illegally rejected the injunction application and against the aforesaid order Misc. Civil Appeal No. 19 of 2021 was preferred by the present petitioner in the court of District Judge, Mathura. The District Judge, Mathura admitted the appeal and notices were issued to the opposite party on 02.04.2021.
Aggrieved against the aforesaid, the petitioner has preferred the present petition.
Heard counsel for the parties and perused the record.
After some arguments, counsel for the petitioner confined his prayer only in respect of prayer no. III i.e. to decide the appeal no. 19 of 2021 (Uma Shankar alias Kallan Vs. Nagar Palika and
Another).
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the court below to pass appropriate order in appeal being Appeal No. 19 of 2021 in accordance with law most expeditiously and preferably within a period of six weeks from the date of production of copy of this order but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties, if there is no legal impediment.
Order Date :- 17.8.2021 Swati
1 issue framed by the court
Whether to exercise supervisory jurisdiction under Article 227 to direct expeditious disposal of pending civil appeal.
Uma Shankar @ Kallan
Nagar Nigam
Prakash Padia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
