This Article 227 writ petition challenges the delay in deciding a temporary injunction application in a civil suit. The High Court directed expeditious disposal by a specific date without examining merits or issuing notices to the respondents.
Direction to decide the interim injunction application by 26.07.2022.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 5004 of 2022
Petitioner :- Shankar Lal Kesharwani Respondent :- Rajendra Prasad Tiwari And 12 Others Counsel for Petitioner :- Manoj Srivastava
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the parties.
This application under article 227 constitution of India has been filed by the defendant in the Suit No. 977 of 2022 (Rajendra Prasad vs. Shankerlal) pending before the Civil Judge (J.D.) Court No. 20, Allahabad. A prayer has been made for a direction that the Suit may be decided expeditiously within a stipulated period of time.
Contention of the learned counsel for the petitioner is that after the ex-parte temporary injunction was granted on 31.03.2022 only dates were being fixed and no final orders were being passed on the application of temporary injunction.
Learned counsel for the applicant has informed that the next date fixed for disposal of the temporary injunction is 26.07.2022.
Without going into the merits of the case and without issuing notices to the respondents a direction is being issued that the interim injunction application in the Suit No. 977 of 2022 (Rajendra Prasad vs. Shankerlal) be decided by the next date fixed i.e. by 26.07.2022, if there is no other legal impediment.
With these observations the writ petition is disposed of.
Order Date :- 6.7.2022 vkj
Digitally signed by VIJAY KRISHNA JAISWAL Date: 2022.07.07 18:20:47 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to issue a direction for expeditious disposal of an interim injunction application pending in a civil suit.
1 provisions across 1 enactments
Shankar Lal Kesharwani
Rajendra Prasad Tiwari
Siddhartha Varma
Vijay Krishna Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
