Disposed

Smt. Krishnawati v. the Learned Additional District Judge/Pc-Iv, Lko. and 30 Others

Allahabad HC2 May 2024/1901/2024

Case brief

AI extract

What is this about?

Petition under Article 227 sought a direction to the Additional District Judge, Lucknow to decide an interim relief/stay application in a pending misc. civil appeal against a status quo order. The Court declined to interfere, granted liberty to move the trial court with an urgency application, with a timeline for its disposal.

What did the court decide?

Liberty to file urgency application before the trial court for expeditious disposal of the stay application, with directions on timelines.

Smt. Krishnawati Vs the Learned Additional… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:34249

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 1901 of 2024

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Petitioner :- Smt. Krishnawati

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Respondent :- The Learned Additional District Judge/Pc-Iv, Lko. And 30 Others Counsel for Petitioner :- Utkarsh Kumar

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Hon'ble Alok Mathur,J.

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(CMA No. NIL of 2024-Application for Amendment)

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Amendment application filed by the applicant/petitioner today in Court is taken on record.

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This is an application for amendment in the memo of prayer clause.

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Cause shown in the affidavit filed in support of application for amendment is sufficient. Accordingly, the application in question is allowed.

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The applicant/petitioner is permitted to make necessary amendment in the prayer clause of the petition during the course of the day.

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(Order on Petition)

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Heard learned counsel for petitioner, learned Standing Counsel for the State and perused the material available on record.

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In view of the proposed order notice to private respondents is dispensed with.

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By means of the present petition under Article 227 of the Constitution of India, the petitioner has prayed for a direction to the learned Additional District Judge/P.C.-IV, Lucknow to decide the interim relief application filed along with Misc. Civil

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Appeal No. 35 of 2023 expeditiously.

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It has been submitted by learned counsel for petitioner that the private opposite parties had filed a suit for permanent injunction along with application under Order 39, Rule 1 and 2 of C.P.C. The petitioner being the defendants had put in appearance and filed their objections and on the application under Order 39, Rule 1 and 2 filed by the private respondents, status quo order was passed on 22.12.2022. Against the said order, the petitioner has filed an appeal bearing Misc. Civil Appeal No. 35 of 2023, which is pending consideration before the learned Additional District Judge/P.C.-IV, Lucknow wherein the petitioner has moved an application for stay of the order dated 22.12.2022.

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After arguing the matter at some length, learned counsel for petitioner submits that learned Additional District Judge/P.C.IV, Lucknow may be directed to decide the application for stay of the order dated 22.12.2022 moved in Misc. Civil Appeal No. 35 of 2023 expeditiously.

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At this stage, this Court is not inclined to interfere in the matter under Article 227 of the Constitution of India. However, liberty is granted to the petitioner to approach the trial Court and move an appropriate application detailing urgency for expeditious disposal of application for stay moved in Misc. Civil Appeal No. 35 of 2023, along with the order passed by this Court, within two weeks from today, and in case, if such an application is moved, the trial Court shall consider and decide the same within three weeks thereafter, and in case any case for urgency is made out by the petitioner, it shall pass appropriate orders thereupon, in accordance with law.

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It is made clear that this Court has not examined the case of either of the parties on merit and the Court concerned shall

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decide the matter strictly in accordance with law.

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With the aforesaid observations, the petition is disposed of.

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(Alok Mathur, J.)

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Order Date :- 2.5.2024 Virendra

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

Smt. Krishnawati v. the Learned Additional District Judge/Pc-Iv, Lko. and 30 Others

Case brief

What is this about?

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Smt. Krishnawati v. the Learned Additional District Judge/Pc-Iv, Lko. and 30 Others

Case brief

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