Disposed

Harun v. Civil Judge (Junior Division) Court No. 23, Sultanpur and 4 Others

Allahabad HC6 Mar 2024/1146/2024

Case brief

AI extract

What is this about?

In this writ petition under Article 227, the High Court expeditiously disposed of an interim application filed before the trial court. The Court directed the Civil Judge to decide the Order 39 application within six weeks, omitting unnecessary adjournments, while dispensing with notice to certain private respondents.

What did the court decide?

Direction to the respondent court to decide the interim application under Order 39 Rules 1 and 2 CPC within six weeks with expedited hearing.

Harun Vs Civil Judge (Junior Division)… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:20210

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 1146 of 2024

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Petitioner :- Harun Respondent :- Civil Judge (Junior Division) Court No. 23, Sultanpur And 4 Others Counsel for Petitioner :- Ashutosh Mishra Counsel for Respondent :- C.S.C.

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioner. Notice on behalf of the respondents No.4 and 5 has been accepted by the office of the Chief Standing Counsel.

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In view of the order proposed to be passed by this Court, notice to the private-respondents No.2 and 3 is dispensed with.

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By means of the instant petition, the petitioner seeks expeditious disposal of application under Order 39 Rules 1 and 2 CPC filed in Suit No.1784/2023, pending before the respondent No.1.

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It is submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the aforesaid application has not yet been decided.

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Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondent No.1 to consider and decide the application under Order 39 Rules 1 and 2 CPC filed in Suit No.1784/2023 most expeditiously, affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably within a period of six weeks from the date a certified copy of this order is placed before the Court concerned.

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It is made clear that the Court has not examined the case of either of the parties on merits and the Court concerned shall decide the aforesaid application under Order 39 Rules 1 and 2 CPC strictly in accordance with law.

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With the aforesaid, the petition is disposed of .

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Order Date :- 6.3.2024 Rakesh/-

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Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench

Harun v. Civil Judge (Junior Division) Court No. 23, Sultanpur and 4 Others

Case brief

What is this about?

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Harun v. Civil Judge (Junior Division) Court No. 23, Sultanpur and 4 Others

Case brief

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