Disposed

Seema Tiwari and 2 Others v. Jaynath Alias Jainath and 6 Others

Allahabad HC16 Feb 2023A227/1186/2023

Case brief

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What is this about?

Writ petition filed seeking a direction to the Civil Judge, Jaunpur, to decide a 6C application for temporary injunction expeditiously. The Court directed disposal of the injunction application within two weeks and maintained status quo for six weeks.

What did the court decide?

Direction to Civil Judge to decide the 6C application for temporary injunction within two weeks and to maintain status quo for six weeks.

Seema Tiwari and 2 Others Vs Jaynath Alias… — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 37

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Case :- MATTERS UNDER ARTICLE 227 No. - 1186 of 2023

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Petitioner :- Seema Tiwari And 2 Others Respondent :- Jaynath Alias Jainath And 6 Others Counsel for Petitioner :- Dharmendra Kumar Tripathi

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Hon'ble Manish Kumar Nigam,J.

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Heard learned counsel for the petitioners and perused the record.

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The instant writ petition has been filed praying for a direction to the Civil Judge (Junior Division), Court No. 10, Deoria, to decide 6C application filed by the plaintiff in O.S. No. 188 of 2022 (Seema Tiwari and others vs. Jaynath @ Jainath and others), expeditiously preferably, within stipulated period.

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Learned counsel for the petitioner submitted that 4th March 2023 is the date fixed for disposal of application. It has been next submitted that despite service, the defendants- respondents are not appearing in the matter and respondent no. 1 has executed a gift deed on 13.07.2022 (annexure-5) in favour of defendant No. 7 namely Prachi. No useful purpose would be served in keeping the present petition pending.

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Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition is finally disposed of with a direction to the Civil Judge (Junior Division), Jaunpur to decide the application for temporary injunction within a period of 2 weeks from the date of production of a certified copy of this order. In case, due to unavoidable circumstances it is not possible to decide the same within 2 weeks, the application should positively be decided within a further period of 2 weeks thereafter, after giving an opportunity of hearing to the parties concerned and without granting unnecessary adjournment to either of the parties provided there is no other legal impediment.

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For a period of 6 weeks or till disposal of application for temporary injunction (Paper No. 6C), the parties are directed to maintain status quo over the property in dispute.

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Order Date :- 16.2.2023 v.k.updh.

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Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad

Seema Tiwari and 2 Others v. Jaynath Alias Jainath and 6 Others

Case brief

What is this about?

What did the court decide?

Seema Tiwari and 2 Others v. Jaynath Alias Jainath and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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