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Smt. Nitu Singh v. Devendra Vikram Singh and Another

Allahabad HC19 Dec 2022A227/11739/2022

Case brief

AI extract

What is this about?

This petition under Article 227 sought a direction to the Additional Civil Judge, Bareilly, to decide a pending interim injunction application promptly. The court directed the lower court to decide the application within three months to avoid unnecessary delays.

What did the court decide?

Directed Additional Civil Judge-II, Bareilly to decide the interim injunction application within three months from the date of producing the certified copy of this order.

Smt. Nitu Singh Vs Devendra Vikram Singh… — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 4

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Case :- MATTERS UNDER ARTICLE 227 No. - 11739 of 2022

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Petitioner :- Smt. Nitu Singh Respondent :- Devendra Vikram Singh And Another Counsel for Petitioner :- Neelabh Srivastava,Anurag Kumar Pandey

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Hon'ble Vipin Chandra Dixit,J.

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Heard Sri Neelabh Srivastava, learned counsel for petitioner and perused the record.

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Present petition under Article 227 of the Constitution of India has been filed seeking a direction to the Additional Civil JudgeII, Bareilly to decide the interim injunction application (Paper No. 6-C) filed in Original Suit No.440 of 2018(Smt. Nitu Singh & Devendra Singh & another) within a stipulated time period.

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It is submitted by learned counsel for the petitioner that the petitioner had filed suit for permanent injunction and also moved an application for interim injunction under Order 39 Rule 1 & 2 C.P.C(Paper No. 6-C). The learned court below had issued notices to the defendants on interim injunction application, and defendants had also filed objection to the said application(Paper No.6-C) but on account of delaying tactics adopted by the respondents-defendants, the interim injunction application (paper no. 6-C) could not be decided and is pending since 7.9.2018.

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Without going into merit of the case, it is appropriate that the above interim injunction application (Paper No.6-C) be decided expeditiously.

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In view of above, Additional Civil Judge-II, Bareilly/Court concerned is directed to decide the interim injunction application (Paper No. 6-C) filed in aforesaid original suit expeditiously, if possible within three months from the date of production of certified copy of this order without granting adjournment unnecessarily to either of the parties, unless there is any legal impediment.

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With aforesaid direction, the instant petition under Article 227 of the Constitution of India is finally disposed of.

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Order Date :- 19.12.2022 P.P.

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Digitally signed by POONAM PATEL Date: 2022.12.19 18:03:13 IST Reason: Location: High Court of Judicature at Allahabad

Smt. Nitu Singh v. Devendra Vikram Singh and Another

Case brief

What is this about?

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Smt. Nitu Singh v. Devendra Vikram Singh and Another

Case brief

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What did the court decide?

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