High Court directed Civil Judge, Rampur to dispose of a pending interim injunction application within four months to rectify alleged delaying tactics by the respondent.
The Civil Judge directed to decide the interim injunction application within four months without unnecessary adjournments.
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Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 1990 of 2022 Petitioner :- Mohammad Iliyas Respondent :- Anwar Husain And Another Counsel for Petitioner :- Zafeer Ahmad,Kamleshwar Singh
Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the petitioner and perused the record.
Present petition under Article 227 of the Constitution of India has been filed by the petitioner against the impugned order dated 31.01.2022, passed by Civil Judge (Senior Division), Rampur, in Original Suit No. 28 of 2022 (Mohammad Iliyas vs. Anwar Husain and another).
It is submitted by the learned counsel for petitioner that the petitioner had filed a suit for permanent injunction and had also moved an application for interim injunction which is paper No. 6-C but the learned court below has not granted any ex-parte injunction order in favour of plaintiff-petitioner and only issued notices to the defendant, vide order dated 31.01.2022. It is further submitted that the defendant had put in appearance before learned court below but till date the defendant respondent had not filed any objection to the interim injunction application. Lastly, it is submitted that on account of delaying tactics adopted by defendant respondent, the interim injunction application filed by the plaintiff-petitioner for interim injunction could not be decided and is still pending for disposal.
Considering the submissions of learned counsel for the petitioner and without going into merit of the case, the Civil Judge (Senior Division), Rampur is directed to decide the interim injunction application no. 6-C filed in Original Suit No. 28 of 2022 (Mohammad Iliyas vs. Anwar Husain and another) expeditiously and if possible within a period of four months from the date of production of certified copy of this order without granting any unnecessary adjournment to either of the parties, unless there is any legal impediment.
With aforesaid direction, the instant petition is finally disposed of.
Order Date :- 12.4.2022 sailesh
Digitally signed by SAILESH PRAJAPATI Date: 2022.04.12 17:59:45 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the civil court below should decide the pending interim injunction application expeditiously without unnecessary adjournments?
1 provisions across 1 enactments
Mohammad Iliyas
Anwar Husain
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
