Disposed

Satyadev Mishra and Another v. Jay Narayan

Allahabad HC16 Dec 2023A227/12357/2023

Case brief

AI extract

What is this about?

The High Court considered a writ petition under Article 227 seeking direction to expedite a pending interim injunction application. The Court directed the trial court to dispose of the application within three months of the next fixed date.

What did the court decide?

The petition was disposed by directing the trial court to decide the pending interim injunction application within one month or next date fixed.

Satyadev Mishra and Another Vs Jay Narayan — Civil Procedure and Limitation | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:238512

¶2

Court No. - 44

¶3

Case :- MATTERS UNDER ARTICLE 227 No. - 12357 of 2023

¶4

Petitioner :- Satyadev Mishra And Another Respondent :- Jay Narayan Counsel for Petitioner :- Babu Ram Yadav,Pradeep Kumar Yadav

¶5

Hon'ble Ashutosh Srivastava,J.

¶6

Heard Shri Babu Ram Yadav, learned counsel for the petitioners.

¶7

Considering the nature of the order proposed to be passed notice upon the private respondents is hereby dispensed with.

¶8

Present petition, under Article 227 of the Constitution of India, has been filed seeking direction to the Civil Judge (Jr. Div.), City, Jaunpur to decide the Suit No. 131 of 2019 (Jay Narayan versus Satyadev and another), within the time frame fixed by this Court.

¶9

Though the aforesaid prayer has been made for expediting the entire suit proceedings, learned counsel for the petitioner during the course of the arguments has limited his relief for expeditious disposal of the interim injunction application (Paper No. 6C), which is stated to be pending since 25.1.2019.

¶10

Learned counsel for the petitioner submits that interim injunction application (6-C), filed along with the aforesaid Suit, is pending consideration and the Court below vide order dated 24.1.2019 has refused to grant exparte injunction in favour of the plaintiff and issued notices to defendants. Thereafter on 29.3.2022, defendants have put in appearance, but not filed written statement till date. Learned counsel for the petitioner submits that purpose of filing the present petition would stand served if appropriate directions are issued to the Court below to consider and pass appropriate orders on the pending interim injunction application (6-C) within a time frame fixed by this Court.

¶11

This Court has perused the order sheet of the proceedings, annexed along with the petition.

¶12

A perusal of the order sheet reveals that the Court below after perusal of report of Munsrim registered the case and declined to grant exparte injunction in favour of the plaintiff and issued

¶13

notices to the defendants. Thereafter, several dates have been fixed, but the 6-C applications remains pending till date.

¶14

In view of the above, this Court is of the opinion that the petition under Article 227 can be disposed of by requiring the Civil Judge (Jr. Div.), City, Jaunpur seized with the 6-C application, filed in Suit No. 131 of 2019 (Jay Narayan versus Satyadev and another), to consider and pass appropriate orders on the same, expeditiously, preferably, on the next date fixed or within a period of three month from the next date fixed .

¶15

With the aforesaid observations the writ petition is disposed of .

¶16

Order Date :- 16.12.2023 Ravi Prakash

¶17

(Ashutosh Srivastava, J.)

¶18

Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad

Satyadev Mishra and Another v. Jay Narayan

Case brief

What is this about?

What did the court decide?

Satyadev Mishra and Another v. Jay Narayan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Kishan Ram and Another Vs Smt. Fekana Devi and 2 Others

Dwarika Prasad Jaiswal Alias Dwarika Prasad Kalwar Vs Akhilesh Kumar Tiwari and 5 Others

Ramchandra Chaurasiya Vs Nizamuddeen

Baijnath and Another Vs Ram Nath and 3 Others

Vijay Prakash and Another Vs Om Prakash and 3 Others

Sanjay Kumar Seth Vs Smt.Urmila Devi