In a writ jurisdiction under Article 227, the High Court directed the Civil Judge to decide a pending interim injunction application within six months by affording hearing opportunities to parties.
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Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 2515 of 2022
Petitioner :- Pappu Kumar Respondent :- Ram Bachan And 5 Others Counsel for Petitioner :- Mathura Prasad Mishra
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Mathura Prasad Mishra, 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 in Original Suit No.1329 of 2021 (Shiv Prasad and others Vs. Ram Bachan and others), pending in the court of Civil Judge (Junior Division), Shahganj, Jaunpur, within a stipulated period of time.
It is submitted by learned counsel for petitioner that petitioner had filed a suit for permanent injunction and had also filed an application for interim injunction (Paper No.6-C). Learned trial court had issued notices to the defendants and ex-parte injunction was not granted in favour of plaintiff/petitioner and on account of delaying tactics adopted by defendants/respondents the application 6-c is still pending for disposal.
Considering the facts and circumstances of the case and without commenting on the merits of the case, learned Civil Judge (Junior Division), Shahganj, Jaunpur is directed to decide the interim injunction application (Paper No.6-C) filed in Original Suit No.1329 of 2021 (Shiv Prasad and others Vs. Ram Bachan 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 :- 11.4.2022 Kpy
Digitally signed by KAVLESHWAR PRASAD YADAV Date: 2022.04.12 17:28:50 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to direct the trial court to dispose of the pending interim injunction application expeditiously within a stipulated period.
Pappu Kumar
Ram Bachan
Vipin Chandra Dixit
As recorded by the court registry
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