Disposed

Ram Lakhan and Another v. Civil Judge (Junior Division ) Court No. 15 Sultanpur and 3 Others

Allahabad HC12 Jul 2024/3199/2024

Case brief

AI extract

What is this about?

On an Article 227 petition seeking expeditious disposal of an interim injunction application, the Court held no urgency was established and dismissed interference, granting liberty to approach the trial court for a fresh urgency application.

What did the court decide?

Liberty granted to petitioners to move the trial court for a detailed urgency application within two weeks; disposal of the petition.

Ram Lakhan and Another Vs Civil Judge… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:47528

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 3199 of 2024

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Petitioner :- Ram Lakhan And Another Respondent :- Civil Judge (Senior Division ) Court No. 15 Sultanpur And 3 Others

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Counsel for Petitioner :- Uma Kant Mishra

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Hon'ble Alok Mathur,J.

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Heard learned counsel for the petitioners.

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In view of the proposed order notice to private respondents is dispensed with. On the oral prayer made by learned counsel for the petitioners, he is permitted to correct Civil Judge (Junior Division) as Civil Judge (Senior Division) in the memo of petition, during course of the day.

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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 Regular Suit No. 942 of 2023 - Ram Lakhan and Another Vs. Akhilesh Narayan & Others, pending before the Civil Judge (Senior Division), Court No. 15, Sultanpur.

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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.

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After arguing the matter at some length, learned counsel for petitioners 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, no ground for urgency is made out by the petitioner, hence, this Court is not inclined to interfere in the matter under Article 227 of the Constitution of India. However, liberty is granted to the petitioners to approach the trial Court 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.

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With the aforesaid observations, the petition is disposed of .

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Order Date :- 12.7.2024 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

Ram Lakhan and Another v. Civil Judge (Junior Division ) Court No. 15 Sultanpur and 3 Others

Case brief

What is this about?

What did the court decide?

Ram Lakhan and Another v. Civil Judge (Junior Division ) Court No. 15 Sultanpur and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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