Disposed¶10

Ashok Kumar Dwivedi v. Daya Shankar Dwivedi

Allahabad HC5 Mar 2024/1131/2024

Case brief

AI extract

What is this about?

Article 227; expeditious disposal; Order 39 Rule 1 and 2 C.P.C.; Order 39 Rule 4 C.P.C.; ex-parte injunction; discharge of injunction; objections; Regular Suit No.446 of 2023; trial Court; liberty to move application; disposed of; Allahabad High Court Lucknow Bench; Jaspreet Singh, J.; 2024:AHC-LKO:19756; decided 5.3.2024.

What did the court decide?

No substantive relief; liberty left open to the petitioner to move an appropriate application before the Court concerned, which shall consider and decide the same strictly in accordance with law, preferably on the next date fixed. ¶10

Ashok Kumar Dwivedi Vs Daya Shankar Dwivedi — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petition under Article 227 seeking expeditious disposal of the petitioner's application/objections pending in Regular Suit No.446 of 2023 should be allowed. +1 more

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Court's answer

Since the matter is already pending before the trial Court, the Court is not inclined to interfere at this stage, leaving it open to the petitioner to move an appropriate application before the Court concerned, which shall consider and decide the same strictly in accordance with law, preferably on the next date fixed.

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Ratio / Principle

On perusal of the material on record, it does not reflect whether the petitioner has filed his objections under Order 39 Rule 4 C.P.C.

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Key takeaways

With the aforesaid observations, the petition is disposed of.ratio¶11

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Jaspreet Singh, J.) — Petition under Article 227 (Matters Under Article 227 No. 1131 of 2024) by Ashok Kumar Dwivedi seeking expeditious disposal of his application/objections in Regular Suit No.446 of 2023, wherein the trial Court had granted an ex-parte injunction in favour of Daya Shankar Dwivedi by order dated 01.07.2023 and the petitioner stated he had filed objections seeking discharge of the injunction. Held: the record did not reflect whether the petitioner had filed objections under Order 39 Rule 4 C.P.C.; as the matter was already pending before the trial Court, the Court was not inclined to interfere at that stage. Petition disposed of with liberty to the petitioner to move an appropriate application before the Court concerned, to be considered and decided strictly in accordance with law, preferably on the next date fixed. Neutral Citation: 2024:AHC-LKO:19756.

Ashok Kumar Dwivedi v. Daya Shankar Dwivedi

Case brief

What is this about?

What did the court decide?

Ashok Kumar Dwivedi v. Daya Shankar Dwivedi

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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