Jalaluddin v. Samimuddin
Case brief
What is this about?
This article 227 writ petition directed the trial court to decide a pending temporary injunction application within 15 days by proceeding ex-parte due to the respondent's non-appearance.
What the court decided
Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 3323 of 2022
Petitioner :- Jalaluddin Respondent :- Samimuddin Counsel for Petitioner :- Nagesh Kumar Dwivedi,Ashwini Kumar
Hon'ble Siddhartha Varma,J.
This writ petition has been filed with a prayer to issue a direction to the Court below to decide the application for temporary injunction filed alongwith the Suit being Suit No. 573 of 2022 (Jalaluddin and other vs. Samimuddin & others) expeditiously within a stipulated period of time. It has been stated that the application is pending since 17.02.2022 before the Court of Civil Judge (Junior Division), Garavi, Allahabad.
The Civil Judge (Junior Division) has sent a report that despite notices the defendant had not appeared and that there was an order for proceeding ex-parte.
Under such circumstances, the Trial Court may pass an appropriate order disposing of the Temporary Injunction Application within a period of 15 days from the presentation of a certified copy of this order, if there is no other legal impediment.
The writ petition is, accordingly, disposed of.
Order Date :- 5.7.2022 vkj
Parties & counsel
- petitioner
Jalaluddin
- respondent
Samimuddin
Coram
Siddhartha Varma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- A227/3323/2022
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