Disposed

Yogendra Pratap Singh v. Civil Judge, Junior Division, Sadar, Pratapgarh and Others

Allahabad HC2 May 2024/1948/2024

Case brief

AI extract

What is this about?

In a writ petition under Article 227, the High Court refused to interfere on merits but granted liberty to the petitioner to approach the trial court for urgent disposal of an interim injunction application, directing a specific timeline for the trial court to decide.

What did the court decide?

Liberty granted to the petitioner to approach the trial court to decide the interim injunction application within two weeks, and the trial court must decide within three weeks thereafter.

Yogendra Pratap Singh Vs Civil Judge… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:34266

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 1948 of 2024

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Petitioner :- Yogendra Pratap Singh

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Respondent :- Civil Judge, Junior Division, Sadar, Pratapgarh And Others

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Counsel for Petitioner :- Jay Prakash Singh Vats,Ajay Kumar Soni

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Hon'ble Alok Mathur,J.

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Heard learned counsel for the 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 a prayer has been made for expeditious disposal of petitioner's interim injunction application under Order 39 Rule 1 and 2 CPC filed in Civil Suit No. 954 of 2022 (Surya Dev Singh and another Vs. Yogendra Pratap Singh and others), pending before the learned Civil Judge (Junior Division), Sadar Pratapgarh.

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It is urged that though the matter is being listed but for one reason or the other, the application for interim injunction under Order 39 Rule 1 and 2 CPC is not being decided. 5. After arguing the matter at some length, learned counsel for petitioner submits that trial Court may be directed to decide the application under Order 39 Rule 1 and 2 CPC in a time bound manner.

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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

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and move an appropriate application detailing urgency for expeditious disposal of application under Order 39 Rule 1 and 2 CPC, 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 decide the matter strictly in accordance with law. 8. 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

Yogendra Pratap Singh v. Civil Judge, Junior Division, Sadar, Pratapgarh and Others

Case brief

What is this about?

What did the court decide?

Yogendra Pratap Singh v. Civil Judge, Junior Division, Sadar, Pratapgarh and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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