A writ petition under Article 227 was filed to direct the Civil Judge, Prayagraj, to expeditiously decide an interim injunction application in a pending suit after notice had been issued to defendants.
Ordered Civil Judge (J.D.) East Prayagraj to decide interim injunction application within three months after giving notice and hearing.
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Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 11791 of 2022
Petitioner :- Ram Lakhan Respondent :- Ram Raj And 10 Others Counsel for Petitioner :- Parmeshwar Yadav,Ram Singh Yadav
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Parmeshwar Yadav, learned counsel for petitioner and perused the record.
This petition under Article 227 of the Constitution of India has been filed by petitioner for expeditious disposal of interim injunction application (Paper No.6-C) filed under Order 39 Rule 1 C.P.C. in Suit No.1980 of 2022 (Ram Lakhan and others Vs. Ram Raj and others)) pending in the court of Civil Judge (J.D.) East, Prayagraj within a stipulated time period.
It is submitted by learned counsel for petitioner that petitioner had filed a suit for permanent injunction and had also moved an application for interim injunction (Paper No.6-C) under Order 39 Rule 1 and 2 C.P.C. Learned trial court vide order dated 7.4.2022 had issued notices to the defendants and had not granted any ex-parte interim injunction in favour of petitioner. It is further submitted that defendants had put in appearance before the trial court on 10.8.2022 but till date they have not filed any objection to the interim injunction application and trying to linger the disposal of interim injunction application.
Considering the facts and circumstances of the case and without commenting on the merits of the case, learned Civil Judge (J.D.) East, Prayagraj is directed to decide the interim injunction application (Paper No.6-C) filed in aforesaid case, expeditiously in accordance with law after affording reasonable opportunities of hearing to the parties concerned, preferably within a period of three months from the date of production of certified copy of this order, unless there is any legal impediment.
With the aforesaid directions, the petition is disposed of.
Order Date :- 19.12.2022 Kpy
Digitally signed by KAVLESHWAR PRASAD YADAV Date: 2022.12.20 17:47:53 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the lower court has sufficient cause to delay deciding the interim injunction application for an extended period.
2 provisions across 2 enactments
Ram Lakhan
Ram Raj
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
