Petition under Article 227 seeking expeditious disposal of an application under Order VII Rule 11 CPC. Court directed trial court to decide within six months.
Directed trial court to decide the application under Order VII Rule 11 CPC expeditiously within six months.
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Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 1874 of 2022
Petitioner :- Smt. Snehlata Respondent :- Vinay Kumar Jain And 5 Others Counsel for Petitioner :- Amit Krishna Counsel for Respondent :- Krishna Mohan Asthana
Hon'ble Vipin Chandra Dixit,J.
Learned counsel for petitioner is permitted to amend the prayer clause of the petition, during the course of the day.
Heard Sri Amit Krishna, learned counsel for the petitioner and perused the record.
This petition under Article 227 of the Constitution of India has been filed by petitioner for expeditious disposal of application filed under Order VII Rule 11 C.P.C. in Original Suit No. 408 of 2020 (Kavinder Singh vs. Vinay Kumar Jain & 6 others), pending in the Court of Civil Judge (Senior Division), Gautam Budh Nagar, within a stipulated time.
It is submitted by learned counsel for petitioner that the suit filed by plaintiff-respondent No.3 for permanent injunction is pending since 2020. The petitioner-defendant has put in her appearance before the trial Court and filed an application under Order VII Rule 11 C.P.C. It is further submitted that the aforesaid application filed by the petitioner could not be decided till date. The only prayer of the petitioner is to expedite the disposal of application under Order VII Rule 11 C.P.C.
Considering the facts and circumstances of the case and without commenting on the merits of the case, learned Civil Judge (Senior Division), Gautam Budh Nagar is directed to decide application filed under Order VII Rule 11 C.P.C. in Original Suit No. 408 of 2020 (Kavinder Singh vs. Vinay Kumar Jain & 6 others), expeditiously in accordance with law after affording reasonable opportunities of hearing to the parties concerned, preferably within a period of six 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 :- 11.4.2022 Kamarjahan
Digitally signed by KAMARJAHAN ANSARI Date: 2022.04.12 16:37:54 IST Reason: Location: High Court of Judicature at Allahabad
2 provisions across 2 enactments
Smt. Snehlata
Vinay Kumar Jain
Vipin Chandra Dixit
As recorded by the court registry
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