Disposed

Swami Dayal Tiwari and 2 Others v. Honble Court of Civil Judge(Senior Division) Room No. 15, Distt. Sultanpur and 2 Others

Allahabad HC4 Apr 2024/1680/2024

Case brief

AI extract

What is this about?

Petitioners sought a direction to the Civil Judge, Sultanpur to expedite decision of their application in Original Suit No. 602 of 2021 regarding non-compliance with an interim injunction. The court found no ground to interfere under Article 227 but permitted the petitioners to move the trial court on urgency, to be decided within three weeks.

What the court decided

AI extract

Swami Dayal Tiwari and 2 Others Vs Honble Court of… — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:28162

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 1680 of 2024

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Petitioner :- Swami Dayal Tiwari And 2 Others Respondent :- Honble Court Of Civil Judge(Senior Division) Room No. 15, Distt. Sultanpur And 2 Others Counsel for Petitioner :- Amitabh Kumar Tripathi,Ashish Kumar Shukla,Bal Krishna Dwivedi

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Hon'ble Alok Mathur,J.

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Heard Sri Amitabh Kumar Tripathi, learned counsel for the petitioners.

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In the light of order proposed to be passed, notice to private respondents is dispensed with.

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In the present writ petition prayer has been made by the petitioner seeking direction to Civil Judge (Senior Division) to decide application under Section 151 registered as Application No. 56 Ga-2, pending in the Original Suit No. 602 of 2021 - Ram Prasad Vs. Rajendra Kumar, expeditiously.

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It is the case of the petitioner that suit for permanent injunction was filed by the petitioners alongwith an application for temporary injunction. The trial Court had also granted temporary injunction in favour of petitioner by order dated 18.10.2022.

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It has been further alleged that despite passing of interim injunction in favour of petitioners, the defendants are not complying with the said order, consequently, an application under Order 31 Rules 1 and 2 CPC has been filed in the pending suit for consideration.

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This Court has considered the arguments of the petitioners and does not find any extraordinary circumstance to interfere in the matter under Article 227 of the Constitution of India.

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However, in case there is any urgency for expeditious disposal of the aforesaid application, liberty is granted to the petitioners to move appropriate application before the trial Court within next two weeks, clearly stating the urgency. The trial Court is directed to consider and decide the said application expeditiously, say within three weeks thereafter, in case there is no legal impediment. The trial Court while

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considering the aspect of urgency made by the petitioner, is of the opinion that case for urgency is made out, it shall proceed to pass appropriate orders on the application.

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With above observations/directions the writ petition stands disposed of .

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Order Date :- 4.4.2024 A. Verma

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(Alok Mathur, J.)

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Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench

Swami Dayal Tiwari and 2 Others v. Honble Court of Civil Judge(Senior Division) Room No. 15, Distt. Sultanpur and 2 Others

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Swami Dayal Tiwari and 2 Others v. Honble Court of Civil Judge(Senior Division) Room No. 15, Distt. Sultanpur and 2 Others

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Swami Dayal Tiwari and 2 Others vs Honble Court of Civil Judge(Senior Division) Room No. 15, Distt. Sultanpur and 2 Others