Smt. Raj Pati Vs Civil Judge (Avar Khand), South… — Writ and Judicial Review | Allahabad HC (2024)

Smt. Raj Pati Vs Civil Judge (Avar Khand), South… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Direction to respondent No.1-Civil Judge (Avar Khand), South Room No. 24, Sultanpur, to consider and decide the Objection 4-Ga under Order 39 Rule 1 and 2 CPC most expeditiously, after affording full opportunity of hearing to the parties and without granting any unnecessary adjournment, preferably within six months from the next date fixed in the case, if there is no other legal impediment.

Issue for consideration

Whether the High Court should direct respondent No.1-Civil Judge to decide the pending Objection 4-Ga under Order 39 Rule 1 and 2 CPC in Regular Suit No. 1067 of 2023 expeditiously.

Court's answer

The petition is disposed of with a direction to respondent No.1-Civil Judge to consider and decide the Objection 4-Ga under Order 39 Rule 1 and 2 CPC most expeditiously, after affording full opportunity of hearing and without granting unnecessary adjournments, preferably within six months from the next date fixed in the case, if there is no other legal impediment.

Ratio / Principle

This Court has not examined the case of either party on merits; the Authority concerned shall be free to decide the matter strictly in accordance with law.

Detailed headnote1 paragraphs

Petition under Article 227 (Matters Under Article 227 No. 1371 of 2024) by Smt. Raj Pati seeking expeditious disposal of Objection 4-Ga under Order 39 Rule 1 and 2 CPC in Regular Suit No. 1067 of 2023, pending before the Civil Judge (Avar Khand), South Room No. 24, Sultanpur since 31.08.2023. Noting the pendency and the Court's Circular No.C.L. No.24/Admin. G-II dated 16.08.2017 (temporary injunction applications to be decided within six months), Saurabh Lavania, J. dispensed with notice to the private respondents and disposed of the petition, directing the trial court to decide the objection most expeditiously, preferably within six months from the next date fixed, without unnecessary adjournments and subject to no legal impediment, while clarifying that the merits of neither party's case were examined and the court below remains free to decide strictly in accordance with law.

Neutral Citation No. - 2024:AHC-LKO:23789

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 1371 of 2024 Petitioner :- Smt. Raj Pati Respondent :- Civil Judge (Avar Khand), South Room No. 24, Sultanpur And Another

Counsel for Petitioner :- Sanjeev Kumar Shukla

Hon'ble Saurabh Lavania,J.

Heard.

In view of the order proposed to be passed by this Court, notice to the private-respondent(s) is dispensed with.

Present petition has been filed for expeditious disposal of Objection 4-Ga under Order 39 Rule 1 and 2 of CPC preferred in Regular Suit No. 1067 of 2023, which is pending consideration before the respondent No.1.

Taking note of the facts as indicated in the present petition as also that the Objection 4-Ga under Order 39 Rule 1 and 2 of CPC preferred in Regular Suit No. 1067 of 2023 on 31.08.2023, which is pending till date as also that as per Circular No.C.L. No.24/Admin. G-II dated Allahabad 16.08.2017, issued by this Court, according to which, an application seeking temporary injunction should be decided within a period of six months, this Court is of the view that no fruitful purpose will be served in keeping this petition pending.

Accordingly, present petition is disposed of with direction to respondent No.1-Civil Judge, (Avar Khand), South Room No. 24, Sultanpur, to consider and decide the Objection 4-Ga under Order 39 Rule 1 and 2 of CPC, most expeditiously, after affording full opportunity of hearing to the parties to the litigation and without granting any unnecessary adjournment to either party preferably within a period of six months from the next date fixed in the case, if there is no other legal impediment in this regard.

It is made clear that this Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law.

With the aforesaid, the petition is disposed of.

Order Date :- 19.3.2024 Vinay/-

Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench