This Article 227 writ petition directed the Civil Judge at Iglas to expeditiously decide a pending temporary injunction application filed in a pending suit, allowing six months for disposal after service of certified copy of this order.
Direction to decide the temporary injunction application expeditiously within six months.
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Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 1886 of 2022
Petitioner :- Rampal Singh Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Digvijay Tiwari Counsel for Respondent :- C.S.C.,Krishna Kant Singh
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Digvijay Tiwari, learned counsel for petitioner, learned Standing Counsel for respondent nos.1 & 2, Sri Krishna Kant Singh, learned counsel for respondent no.3 and perused the record.
This petition under Article 227 of the Constitution of India has been filed by petitioner for expeditious disposal of temporary injunction application (Paper No.6-C) filed in Original Suit No.90 of 2021 (Rampal Singh Vs. State of U.P. and others) pending in the court of Civil Judge (Junior Division), Iglas, Aligarh, within a stipulated period of time.
It is submitted by learned counsel for petitioner that petitioner had filed a suit for permanent injunction and has also filed an application for interim injunction (Paper No.6-C) and learned court below had issued notices to defendants and ex-parte injunction order has not been granted to the petitioner. It is further submitted that interim injunction (Paper No.6-C) is pending since 7.9.2021.
Considering the facts and circumstances of the case and without commenting on the merits of the case, learned Civil Judge (Junior Division), Iglas, Aligarh, is directed to decide temporary injunction application (Paper No.6-C) filed in Original Suit No.90 of 2021 (Rampal Singh Vs. State of U.P. and 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 :- 6.4.2022 Kpy
Digitally signed by KAVLESHWAR PRASAD YADAV Date: 2022.04.07 11:14:50 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the civil court below is directed to expeditiously decide a pending temporary injunction application in a suit for permanent injunction?
Rampal Singh
State Of U.P.
Vipin Chandra Dixit
As recorded by the court registry
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