Writ petition under Article 227 directing the trial court to decide a temporary injunction application within 31 days. The High Court fixed dates for objection filing and hearing, dispensing with a counter affidavit order.
Directed the trial court to decide the temporary injunction application (Paper No. 6-C) by 31.3.2022.
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Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 618 of 2022
Petitioner :- Guddi Devi And Another Respondent :- Sri. Vijay Bahadur Singh Counsel for Petitioner :- Vipin Gangwar Counsel for Respondent :- Shiv Pratap Singh
Hon'ble Salil Kumar Rai,J.
Heard Shri V.K. Singh, Senior Counsel representing the plaintiffs-petitioners and Shri A.N. Singh, Senior Counsel, representing the defendant-respondent.
The petitioners filed Original Suit No. 1104 of 2021 praying for permanent prohibitory injunction restraining the respondent, who was arrayed as defendant No. 1 in the aforesaid case from interfering in alleged possession of the petitioners over the suit property and from making any construction over the same.
In the aforesaid suit, the petitioners also filed an application numbered as Paper No. 6-C under Order 39 Rules 1 and 2 Code of Civil Procedure, 1908 (hereinafter referred to as, 'C.P.C.') praying for a temporary injunction. The trial court, i.e., the Civil Judge (Junior Division), Garvi, Allahabad vide its order dated 17.1.2021 directed that notices be issued to the defendant-respondent in the aforesaid case and also fixed a subsequent date for hearing and disposal of Paper No. 6-C.
Aggrieved by the fact that no ex-parte interim injunction has been granted to them till disposal of Paper No. 6-C, the petitioners have filed the present application for an order or direction commanding the trial court to modify its order dated 17.12.2021 to the effect that till disposal of Paper No. 6-C, the defendant-respondent be restrained from raising any further construction over the suit property, which in the prayer clause has been identified as Plot Nos. 279, 291, 292 and 293 situated in Baghara Zahoorudding, Pargana and Tehsil Sadar, District-Prayagraj as well as for an order or direction to the trial court to decide Paper No. 6-C within time fixed by this Court.
It would serve no purpose to keep the petition pending and call for a counter afÏdavit from the defendant-respondent.
The counsel for the parties have also agreed that the petition may be finally decided as a fresh case itself.
The trial court is seized of the matter and has to apply its mind on the feasibility of granting temporary injunction to the plaintiffs-petitioners The defendant-respondent has appeared in the case and is therefore deemed to have notice of Original Suit No. 1104 of 2021. In the
circumstances, the petition is disposed of with the following directions :-
(a) The defendant-respondent shall file his objections and afÏdavit by 14.3.2022 in Original Suit No. 1104 of 2021 to which the plaintiffs-petitioners may file their rebuttal, if necessary. The trial court shall fix 22.3.2022 as the date for hearing on Paper No. 6-C.
(b) The arguments on Paper No. 6-C shall be heard on 22.3.2022 and if necessary may be continued on the next day.
(c) The trial court shall decide the application for temporary injunction, i.e., the Paper No. 6-C by 31.3.2022.
It is clarified that the Court has not expressed any opinion regarding the merits of the case.
Order Date :- 3.3.2022 Anurag/-
Digitally signed by ANURAG KUMAR VERMA Date: 2022.03.03 17:04:54 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the trial court should be directed to decide an application for temporary injunction within a fixed timeline.
Whether one-sided filings are sufficient to dispose of the petition without a counter affidavit.
2 provisions across 2 enactments
Guddi Devi
Sri. Vijay Bahadur Singh
Hon'ble Salil Kumar Rai
Anurag Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
