Disposed

Ganga Verma and Another v. Civil Judge Junior Division Sadar Dist. Pratapgarh and 2 Others

Allahabad HC24 Jul 2024/3394/2024

Case brief

AI extract

What is this about?

Under Article 227, the Court disposed of a writ petition seeking direction to the trial court to decide an injunction application within stipulated time. The Court granted liberty to the petitioner to file an urgency application for early disposal of the suit.

What did the court decide?

Present writ petition disposed of with liberty to petitioner to move urgency application for early disposal of suit.

Ganga Verma and Another Vs Civil Judge Junior… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:49937

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Court No. - 19

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Case :- MATTERS UNDER ARTICLE 227 No. - 3394 of 2024

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Petitioner :- Ganga Verma And Another Respondent :- Civil Judge Junior Division Sadar Dist. Pratapgarh And 2 Others Counsel for Petitioner :- Manuvendra Singh

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Hon'ble Manish Kumar,J.

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1. Heard.

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Learned counsel for the petitioner has submitted that the present petition has been preferred for issuing a direction to the opposite party no. 1 i.e. Civil Judge (Junior Division), Sadar, District Pratapgarh, to decide temporary injunction application No. 6C2, filed by the petitioners on 14.07.2023 in a suit for Permanent Injunction against the defendants/respondents i.e. Civil Suit No. 1434 of 2023 titled as Gangaram and another versus Ramphal and anothers, within stipulated time as fixed by this Court.

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It is further submitted that on the injunction application, the notices issued to the respondents and they had appeared on 10.04.2023 and time was granted to them for filing objections against the injunction application, but till date, they are seeking time and not filing the objections. In between, the petitioner has given two applications under Section 151 C.P.C for restraining the respondents from raising an unauthorised wall over the disputed abadi land, which is also pending.

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On being asked from the learned counsel for the petitioner whether petitioner has preferred any urgency application for early disposal of the suit, learned counsel for the petitioner has replied that no such application has been preferred before the Court concerned and petitioner has approached this Court directly for deciding the suit 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 for early disposal of the aforesaid suit before the Court concerned and if any such application is preferred by the petitioner the same may be decided by the opposite party no. 1, within the stipulated time fixed by this Court.

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On the request of learned counsel for the petitioner and without entering into the merit of the case, the present writ petition is disposed of with liberty to the petitioner to move an urgency application for early disposal of aforesaid suit before the opposite party no. 1. If any such application

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is preferred, it is expected that Civil Judge (Junior Division), Sadar, District Pratapgarh shall decide the urgency application preferred by the petitioner looking into the urgency mentioned therein, expeditiously, in accordance with law, after giving opportunity of hearing to the parties concerned, in case there is no legal impediment and if any adjournment is unavoidable, only short adjournment may be given.

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Order Date :- 24.7.2024 DiVYa

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

Ganga Verma and Another v. Civil Judge Junior Division Sadar Dist. Pratapgarh and 2 Others

Case brief

What is this about?

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Ganga Verma and Another v. Civil Judge Junior Division Sadar Dist. Pratapgarh and 2 Others

Case brief

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