Disposed

Smt. Nisha Mogha and 2 Others v. Dayaram and 2 Others

Allahabad HC8 Apr 2022A227/2500/2022

Case brief

AI extract

What is this about?

In this writ petition under Article 227, this High Court directed the Civil Judge, Muzaffarnagar, to dispose of the pending application for an interim injunction within four months to address the petitioners' claim of delaying tactics by the respondents.

What did the court decide?

Direction to the Civil Judge to decide the application for interim injunction within four months without unnecessary adjournment.

Smt. Nisha Mogha and 2 Others Vs Dayaram… — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 2500 of 2022 Petitioner :- Smt. Nisha Mogha And 2 Others Respondent :- Dayaram And 2 Others Counsel for Petitioner :- Nipun Singh,Sumit Suri

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Hon'ble Vipin Chandra Dixit,J.

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Heard Sri Sumit Suri, learned counsel for the petitioners and perused the record..

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Present petition under Article 227 of the Constitution of India has been filed by the petitioners with the prayer to direct the Civil Judge (Senior Division), Muzaffarnagar to decide 6-Ga application dated 04.11.2020 filed in Suit No. 532 of 2020 ( Nisha and others vs. Dayaram and others) within stipulated period of time.

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It is submitted by the learned counsel for petitioners that the petitioners had filed a suit for permanent injunction. They have also filed an application for interim injunction under Order 39 Rules 1 & 2 read with Section 151 C.P.C. (Paper No. 6-Ga) and the court below had issued notices to the defendants vide order dated 04.11.2020 and had not passed interim injunction in favour of the plaintiffs-petitioners. Lastly, it is submitted that the defendants had put in appearance before the court below and filed their objection to the interim injunction application but on account of delaying tactics adopted by the defendantsrespondents, the interim injunction application dated 04.11.2020 is still pending for disposal.

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Considering the submissions of learned counsel for the petitioner and without going into merit of the case, the Civil Judge (Senior Division), Muzaffarnagar is directed to decide 6- Ga application dated 04.11.2020 filed in Suit No. 532 of 2020 ( Nisha and others vs. Dayaram and others) 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.

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With aforesaid direction, the instant petition is finally disposed of.

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Order Date :- 8.4.2022

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sailesh

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Digitally signed by SAILESH PRAJAPATI Date: 2022.04.08 18:16:50 IST Reason: Location: High Court of Judicature at Allahabad

Smt. Nisha Mogha and 2 Others v. Dayaram and 2 Others

Case brief

What is this about?

What did the court decide?

Smt. Nisha Mogha and 2 Others v. Dayaram and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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