Allowed

Rajmani v. Tilka Devi and 5 Others

Allahabad HC7 Aug 2023A227/8212/2023

Case brief

AI extract

What is this about?

This petition under Article 227 sought a direction to dispose of an outstanding interim injunction application within the six-month mandate. The Court issued noticeless orders directing the subordinate court to decide the petition promptly in view of the pending status.

What did the court decide?

Directed the Court below to decide the pending interim injunction application (paper no. 6C) in Original Suit No.1201 of 2021.

Rajmani Vs Tilka Devi and 5 Others — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:158020

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Court No. - 4

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Case :- MATTERS UNDER ARTICLE 227 No. - 8212 of 2023

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Petitioner :- Rajmani Respondent :- Tilka Devi And 5 Others Counsel for Petitioner :- Ajeet Kumar Srivastava,Anil Kumar Prajapati

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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 the interim injunction application (paper no. 6C) in Original Suit No.1201 of 2021 (Rajmani vs. Tilka Devi 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, 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.

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Madam/Sir,

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Hon'ble Court has directed that all the subordinate courts must ensure to dispose of applications of interim injunction within six months, failing which they shall have to

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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 :- 7.8.2023 S.K.

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Digitally signed by :- SWEETY KANOJIA High Court of Judicature at Allahabad

Rajmani v. Tilka Devi and 5 Others

Case brief

What is this about?

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Rajmani v. Tilka Devi and 5 Others

Case brief

What is this about?

What did the court decide?

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