Disposed

Jagroop v. Akash Kumar and Another

Allahabad HC16 Aug 2023A227/7716/2023

Case brief

AI extract

What is this about?

This Article 227 petition sought direction to the subordinate court to decide a pending interim injunction application within a fixed time. Relying on a 2017 circular mandating disposal within six months, the High Court directed the court below to pass appropriate orders.

What did the court decide?

The petition was disposed of with a direction to the court below to pass appropriate orders on the pending interim injunction application in light of the 2017 circular.

Jagroop Vs Akash Kumar and Another — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:164877

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Court No. - 4

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Case :- MATTERS UNDER ARTICLE 227 No. - 7716 of 2023

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Petitioner :- Jagroop Respondent :- Akash Kumar And Another Counsel for Petitioner :- Anil Kumar Tripathi,Shweta Tripathi

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Hon'ble Prakash Padia,J.

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Heard learned counsel for the petitioner.

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In view of the order proposed to be passed, notices need not be sent to the respondent.

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This petition has been filed under Article 227 of the constitution of India praying for direction to the Court below to decide 6 C application filed on 18.07.2019 in Original Suit No.164 of 2019 (Jagroop Vs. Akash Kumar and others), within a fixed time frame.

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It is argued that the injunction application is still pending and the injunction is urgently required.

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This Court has already directed all the subordinate courts to ensure disposal of interim injunction applications within six months failing which, they shall have to record reasons. The said direction was issued by the letter dated 16.8.2017 bearing No.CL No.24/Admn. G-II, dated Allahabad 16.8.2017 and same is quoted below:-

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"From,

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Mohd.Faiz Alam Khan, HJS, Registrar General, High Court of Judicature at Allahabad

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To,

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All the District & Sessions Judges,Subordinate to the High Court of Judicature at Allahabad.

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C.L. No. 24/Admin. 'G-II' Dated: Allahabad 16.08.17

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Sub: Time bound disposal of interim injunction application. Madam/Sir,

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Hon'ble Court has directed that all the subordinate courts must

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ensure to dispose of applications of interim injunction within six months, failing which they shall have to record reasons in the order-sheet. I am, therefore, directed to request you to circulate the instant direction amongst all the judicial Officers working under your supervision and control and to ensure strict compliance of the same in letter and spirit.

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Your faithfully,

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(Mohd. Faiz Alam Khan)

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No. 9770/Admin. 'G-II' Dated: Allahabad 16.08.2017"

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In view of the aforesaid circular and the fact that the interim injunction application is pending till date, the Court below before whom the aforesaid application is pending is directed to pass appropriate orders on the same in the light of the aforesaid circular.

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With the aforesaid observation, the petition is disposed of.

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Order Date :- 16.8.2023 Pramod Tripathi

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Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad

Jagroop v. Akash Kumar and Another

Case brief

What is this about?

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Jagroop v. Akash Kumar and Another

Case brief

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