Disposed

Dr. Mukesh Kumar v. Chandra Shekhar Chaurasia

Allahabad HC5 Jul 2024/3077/2024

Case brief

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What is this about?

This court disposed of a writ petition seeking directions for expeditious disposal of a temporary injunction application. The petitioner was granted liberty to move an urgency application to the trial court.

What did the court decide?

Liberty granted to move an urgency application to the Civil Judge (Senior Division), Malihabad, for expeditious disposal of the interim application.

Dr. Mukesh Kumar Vs Chandra Shekhar Chaurasia — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:45731

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Court No. - 19

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Case :- MATTERS UNDER ARTICLE 227 No. - 3077 of 2024

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Petitioner :- Dr. Mukesh Kumar Respondent :- Chandra Shekhar Chaurasia Counsel for Petitioner :- Ganesh Kumar Gupta,Madhukar Ojha

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Hon'ble Manish Kumar,J.

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Learned counsel for petitioner has submitted that the present writ petition has been preferred for issuing direction to Civil Judge Senior Division Malihabad to decide the 6 C application filed under Order 39 Rule 1 and 2 read with Section 151 CPC dated 20.03.2024 for temporary injunction in Regular Suit no. 1128 of 2024 titled as Dr. Mukesh Kumar versus Chandra Shekhar Chaurasia, preferred by the petitioner.

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It is further submitted that the petitioner is apprehending that the nature of the property could be changed by the defendants during the pendency of the application for injunction preferred by the petitioner.

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On being specifically asked from learned counsel for the petitioner that whether petitioner has preferred any urgency application for early disposal of the 6 C application filed under Order 39 Rule 1 and 2 read with Section151 C.P.C dated 20.03.2024 by showing urgency in the matter before the Court concerned, it is replied by learned counsel for the petitioner that no such application has been preferred before the Court concerned and petitioner has approached this Court directly for deciding the application expeditiously.

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At this stage, learned counsel for the petitioner has submitted that present petition may be disposed of with a liberty to the petitioner to move an urgency application before Civil Judge (Senior Division), Malihabad, and he may be directed to take a decision on the urgency application of the petitioner within the time fixed by this Court.

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On the request of learned counsel for the petitioner and without entering into the merits of the case, the present petition is disposed of with liberty to the petitioner to move an urgency application before Civil Judge (Senior Division), Malihabad for expeditious disposal of 6 C application filed under Order 39 Rule 1 and 2 read with Section 151 CPC dated 20.03.2024 for temporary injunction in Regular Suit no. 1128 of 2024 titled as Dr. Mukesh Kumar versus Chandra Shekhar Chaurasia' If any such urgency application is preferred by the petitioner, it is expected that Civil Judge (Senior Division), Malihabad shall make

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endeavour to decide the urgency application expeditiously in accordance with law, after giving opportunity of hearing to the parties concerned and without providing any unnecessary adjournment to either of the parties.

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Order Date :- 5.7.2024 DiVYa

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Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench

Dr. Mukesh Kumar v. Chandra Shekhar Chaurasia

Case brief

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Dr. Mukesh Kumar v. Chandra Shekhar Chaurasia

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