Petition under Article 227 seeking direction to the civil court at Pratapgarh to promptly decide a temporary injunction application pending since March 2024. The High Court directed decision within a month without entering into merits and disposed of the petition.
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Neutral Citation No. - 2024:AHC-LKO:43204
Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 2949 of 2024 Petitioner :- Brijesh Kumar Respondent :- Addl. Civil Judge (J.D.), Court No. 17, Pratapgarh And Another Counsel for Petitioner :- Dilip Kumar Pandey,Manoj Kumar Verma
Hon'ble Rajesh Singh Chauhan,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
In view of the proposed order, notices to opposite parties are hereby dispensed with.
By means of this petition, the petitioner has prayed following main relief:-
"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to Issue order or direction commanding the opposite party no. 1 to decide the Application under order 39 rule 1 & 2 C.P.C and section 141 & 151 of C.P.C for granting the temporary injunction in Miscellaneous Case No 895/2023, Brijesh Versus Shri Pal during the summer vacation and further issue the direction for maintaining status quo during the pendency of the Application under order 39 rule 1 & 2 C.P.C and section 141 & 151 of C.P.C. & others expeditiously in stipulated time or Issue such other order or direction, which this Hon'ble Court may deem, fit and proper under the facts and circumstances of the case, in favour of the Petitioner/Plaintiff by allowing the petition with cost."
The prayer of the learned counsel for the petitioner is to issue a direction to opposite party no. 1 to decide the Application under order 39 rule 1 & 2 C.P.C and section 141 & 151 of C.P.C for granting the temporary injunction in Miscellaneous Case No 895/2023, Brijesh Versus Shri Pal, pending in the court of Additional Civil Judge (JD), Court No. 17, District Pratapgarh with expedition as the application is pending since 14.3.2024.
Therefore, without entering into merits of the issue, Additional Civil Judge (JD), Court No. 17, District Pratapgarh is hereby directed to decide the application under order 39 rule 1 & 2 C.P.C and section 141 & 151 of C.P.C for granting the temporary injunction in Miscellaneous Case No 895/2023, Brijesh Versus Shri Pal, strictly in accordance with law, after affording opportunity of hearing to the parties concerned, with expedition, preferably within a month from the date of receipt of certified copy of this order.
With the aforesaid direction, this petition is disposed of finally.
[Rajesh Singh Chauhan,J.]
Order Date :- 18.6.2024/Om
Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Should the trial court be directed to expedite the pending temporary injunction application in Misc. Case No. 895/2023?
2 provisions across 1 enactments
Brijesh Kumar
Addl. Civil Judge (J.D.), Court No. 17, Pratapgarh
Shri Pal
Rajesh Singh Chauhan
As recorded by the court registry
2 orders share this CNR
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