Dismissed

Smt. Asiya v. Saidurrahman

Allahabad HC22 Aug 2023A227/8460/2023

Case brief

AI extract

What is this about?

This writ petition under Article 227 sought a direction for the disposal of an pending interim injunction application. The learned High Court, noting the urgent need and existing directions for time-bound disposal, passed the order without sending notices to the respondent.

What did the court decide?

The Petitioner is directed to take the case to the subordinate court for disposal as per the circular dated 16.08.2017.

Smt. Asiya Vs Saidurrahman — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:168724

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Court No. - 4

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Case :- MATTERS UNDER ARTICLE 227 No. - 8460 of 2023

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Petitioner :- Smt. Asiya Respondent :- Saidurrahman Counsel for Petitioner :- Arun Kumar 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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The petitioner has confined his prayer only to the effect to direct the Court below to decide the application 7C (2) in Original Suit No.50 of 2020 (Smt. Asiya Vs. Saidurrahman), 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 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 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 :- 22.8.2023 Pramod Tripathi

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

Smt. Asiya v. Saidurrahman

Case brief

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Smt. Asiya v. Saidurrahman

Case brief

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