Allowed

Rajesh Prasad Singh v. Radhika Devi and 11 Others

Allahabad HC4 Mar 2021A227/4920/2020

Case brief

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What is this about?

In a petition under Article 227, the High Court of Allahabad directed the Civil Judge at Hawali to decide an interim injunction application in Original Suit No. 1280 of 2018 within two months to prevent defeat of its purpose due to inordinate delay. The court also mandated proper verification of the official order copy.

What did the court decide?

Directed respondent Civil Judge to decide interim injunction application within two months from receipt of this order.

Rajesh Prasad Singh Vs Radhika Devi and 11 Others — Specific Performance | Allahabad HC (2021)

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Court No. - 6

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Case :- MATTERS UNDER ARTICLE 227 No. - 4920 of 2020

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Petitioner :- Rajesh Prasad Singh Respondent :- Radhika Devi And 11 Others Counsel for Petitioner :- D.M.Tripathi

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Hon'ble Ajay Bhanot,J.

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There is no cause for prioritizing the hearing of a suit filed in the year 2018 over other matters pending before the learned trial court. The second prayer for expediting the suit instituted in the year 2018 is not pressed at this stage. The petitioner is at liberty to file a petition in this regard at the appropriate point in time.

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The first prayer made in the petition is that the application for interim injunction as well as Original Suit No. 1280 of 2018 (Rajesh Prasad Singh and others Vs. Smt. Radhika Devi and others) pending before the learned Civil Judge (Junior Division), Hawali, Varanasi be decided within a stipulated period of time.

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An inordinate delay in deciding an application for interim injunction would defeat its very purpose. The courts have to take all measures to decide the applications for interim injunction on priority and expeditiously, in accordance with law.

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In such view of the matter, the learned trial court / Civil Judge (Junior Division), Hawali, Varanasi is directed to decide the interim injunction application in Original Suit No. 1280 of 2018 (Rajesh Prasad Singh and others Vs. Smt. Radhika Devi and others), in accordance with law, preferably within a period of two months from the date of receipt of a copy of this order downloaded from the official website of the High Court of

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Judicature at Allahabad.

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The computer generated copy of such order shall be self attested by the party concerned. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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With the aforesaid direction, the petition is finally disposed of.

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Order Date :- 4.3.2021 Nadeem Ahmad

Rajesh Prasad Singh v. Radhika Devi and 11 Others

Case brief

What is this about?

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Rajesh Prasad Singh v. Radhika Devi and 11 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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