Prema Devi Vs Mulema Devi

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Neutral Citation No. - 2024:AHC-LKO:37479

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 2424 of 2024

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Petitioner :- Prema Devi Respondent :- Mulema Devi Counsel for Petitioner :- Anu Pratap Singh

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Hon'ble Alok Mathur,J.

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Heard Sri Vijay Kumar Singh, Advocate holding brief of Sri Anu Pratap Singh, learned counsel for the petitioner.

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In view of the proposed order notice to private respondent 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 objections of the petitioner dated 04.04.2016, filed under Order 39 Rule 4 CPC against the application under Order 39 Rules 1 and 2 CPC in Original Suit No. 1239 of 2015 - Mulema Vs. Prema Devi and Others, pending before Civil Judge (Jr. Div.), Court No. 38, Sultanpur.

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It is urged that though the matter is being listed but for one reason or the other, neither civil suit nor the petitioner's objections under Order 39 Rule 4 CPC are being decided.

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After arguing the matter at some length, learned counsel for petitioner confines his prayer to the extent that trial Court may be directed to decide the objections of the petitioner dated 04.04.2016, filed under Order 39 Rule 4 CPC against the application under Order 39 Rules 1 and 2 CPC in a time bound manner.

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Considering the facts and circumstances of the case and also noticing the extracts of the order sheet, which has been brought on record, this Court is of the opinion that no gainful purpose will be served in keeping the petition pending, rather ends of justice can be served by permitting the petitioner to approach the Court concerned by moving a fresh application for early consideration of the application under Order 39 Rule 1 and 2 CPC, in case if such an application is moved, the Court concerned shall take note of the circular passed on the administrative side regarding the disposal of the objections of the petitioner fled against the application under Order 39 Rule 1 and 2 CPC. The Circular dated 16.08.2017 is being reproduced herein below:-

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" Through Registered Post/E-mail

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From,

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Mohd. Faiz Alam Khan, HJS, Registrar General, High Court of Judicature at Allahabad.

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To,

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All the District & Sessions Judges, Subordinate to the High Court of Judicature at Allahabad. C.L. No. 24/Admin. 'G-II' Dated: Allahabad 16.08.17

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Sub: Time bound disposal of interim injunction application.

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Madam/Sir

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Hon'ble Court has directed that all the subordinate courts must ensure to dispose of applications of interim injunction within six months, failing which they shall have to record reasons in the order sheet.

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I am, therefore, directed to request you to circulate the instant direction amongst all the Judicial Officers working under your supervision and control and to ensure strict compliance of the same in letter and spirit.

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Yours faithfully,

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Sd/-

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(Mohd. Faiz Alam Khan)

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No. /Admin.'G-II' Dated: Allahabad 2017.

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Copy forwarded for information and necessary action to:

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1. The Registrar, High Court of Judicature at Lucknow Bench, Lucknow.

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2. P.S. to all the Hon'ble Judges at Allahabad and also at Lucknow Bench, Lucknow to place the same before their Lordships for kind perusal.

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3. The Director, Judicial Training & Research Institute, Gomti Nagar, Lucknow.

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4. All the Judicial Officers posted in the Registry in Allahabad High Court and Lucknow Bench, Lucknow.

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5. The Member Secretary, U.P. State Legal Services Authority, III floor, Jawahar Bhawan, Annexe Lucknow.

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6. Section Officer, Admin. 'H' Section for compliance of guard file."

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(Emphasis supplied) "

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At this stage, this Court is not inclined to interfere in the

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matter under Article 227 of the Constitution of India. However, liberty is granted to the defendant-petitioner to approach the trial Court and move an appropriate application along with the order passed by this Court, wherein aforesaid Circular has been quoted, and in case, if such an application is moved, the trial Court shall take note of it and pass appropriate orders in the light of the Court's Circular letter dated 16.08.2017.

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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.

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With the aforesaid observations, the petition is disposed of . Order Date :- 16.5.2024 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

Prema Devi v. Mulema Devi

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Prema Devi v. Mulema Devi

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