Disposed

Smt. Saroj Singh v. the Court of Learned Civil Judge (J.D.) Haveli, Faizabad and 2 Others

Allahabad HC18 Apr 2024/1873/2024

Case brief

AI extract

What is this about?

The High Court dispensed with issuing notices to respondents. It directed the Civil Judge (J.D.), Faizabad, to decide a pending application for temporary injunction under CPC Order 39 Rule 1/2 and Section 151 in Original Suit No. 857 of 2020 expeditiously, directing the lower court to provide proper opportunities and avoid unnecessary adjournments.

What did the court decide?

The Civil Judge is directed to decide the application for temporary injunction in Original Suit No. 857 of 2020 expeditiously without unnecessary adjournments.

Smt. Saroj Singh Vs the Court of Learned Civil Judge… — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:30304

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 1873 of 2024

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Petitioner :- Smt. Saroj Singh

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Respondent :- The Court Of Learned Civil Judge (J.D.) Haveli, Faizabad And 2 Others Counsel for Petitioner :- Rohit Kumar Sahu

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Hon'ble Alok Mathur,J.

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Heard learned counsel for the petitioner.

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In view of the order proposed to be passed, issuance of notice to the respondents is dispensed with.

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The instant petition has been preferred for the following main relief:-

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"....direct to the Opposite Party No.1 i.e. The Court of Learned Civil Judge, (J.D.) Haveli, Faizabad to decide the application for temporary injunction in the instant Suit Original Suit No.857 of 2020; (Smt. Saroj Vs. Samarjeet and another) Under Order 7 Rule 1 of C.P.C. for permanent injunction and cancellation of sale deed dated 20.10.2020 which is pending before Opposite Party No.1 since 20.01.2020, expeditiously as this Hon'ble Court may deemed fit, just and proper (contained in Annexure No.1 to this petition), in the interest of justice."

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Submission of learned counsel for the petitioner is that the application seeking temporary injunction filed in the suit, in issue, has neither been deposed of nor any effective order has been passed thereon despite the fact that the respondents have put in appearance and also filed written submission and as no order has been passed on the application seeking temporary injunction under Order 39 Rule 1 & 2 CPC read with Section 151 CPC, the petitioner is suffering from hardships and mental agony.

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Considering the aforesaid, without entering into the merits of the case, Civil Judge, (J.D.) Haveli, Faizabad is directed to decide the the application under Order 39 Rule 1 & 2 C.P.C. read with Section 151 C.P.C. in Original Suit No.857 of 2020; (Smt. Saroj Vs. Samarjeet and another) Under Order 7 Rule 1 of C.P.C. of the petitioner with

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expedition, if possible, on the next date fixed or on the subsequent next date fixed in the case, in issue in case, there is no other legal impediment in this regard.

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It is further provided that while considering the case, the Court concerned shall provide proper opportunity to the parties concerned. The petitioner herein shall not take any adjournment. The Court concerned shall also avoid unnecessary adjournments to the side opposite.

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In above terms, the petition is disposed of.

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(Alok Mathur, J.)

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Order Date :- 18.4.2024 RKM.

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

Smt. Saroj Singh v. the Court of Learned Civil Judge (J.D.) Haveli, Faizabad and 2 Others

Case brief

What is this about?

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Smt. Saroj Singh v. the Court of Learned Civil Judge (J.D.) Haveli, Faizabad and 2 Others

Case brief

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What did the court decide?

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