Disposed

Jag Prasad Yadav and 3 Others v. Civil Judge Senior Division Court. No. 15 Distt. Sultanpur and 6 Others

Allahabad HC12 Aug 2024/3766/2024

Case brief

AI extract

What is this about?

This writ petition seeks a direction for the expeditious disposal of a pending temporary injunction application which had lapsed beyond the six-month limit. The High Court directed the subordinate court to decide the matter without further delay or to record reasons for any further adjournment.

What did the court decide?

Directed the respondent court to decide the pending temporary injunction application without delay or to record reasons for any further adjournment.

Jag Prasad Yadav and 3 Others Vs Civil… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:55531

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Court No. - 19

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Case :- MATTERS UNDER ARTICLE 227 No. - 3766 of 2024

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Petitioner :- Jag Prasad Yadav And 3 Others Respondent :- Civil Judge Senior Division Court. No. 15 Distt. Sultanpur And 6 Others Counsel for Petitioner :- Prabhakar Nath Mishra

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Hon'ble Manish Kumar,J.

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Heard.

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Learned counsel for the petitioner has submitted that the present petition has been preferred for issuing direction to the respondent no. 1 i.e. Civil Judge Senior Division Court. No. 15 District Sultanpur to decide the application for Temporary Injunction bearing no. 5(Ga)(2) under Order 39 Rule 1 and 2 C.P.C. in O.S. No. 88 of 2022 (Jag Prasad and Ors. vs. Shwami Sharan and Ors.).

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It is further submitted that the aforesaid application for Temporary Injunction in the suit is pending since 04.02.2022 and six months' period has already expired on 04.08.2022. The next date fixed in the case is 14.08.2024.

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This Court has already directed to all the subordinate courts to ensure disposal of interim injunctions within six months failing which, they shall have to record reasons. The said direction was issued by the letter dated 16.8.2017 bearing No.CL No.24/Admn. G-II, dated Allahabad 16.8.2017 and same is quoted below:-

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"From,

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Mohd. Faiz Alam Khan, HJS,

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Registrar General,

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High Court of Judicature at

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Allahabad

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To,

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All the District & Sessions Judges,

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Subordinate to the High Court of Judicature at Allahabad.

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C.L. No. 24/Admin. 'G-II' Dated: Allhabad 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 OfÏcers working under your supervision and control and to ensure strict compliance of the same in letter and spirit.

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Your faithfully,

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(Mohd. Faiz Alam Khan)

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No. 9770/Admin. 'G-II' Dated: Allahabad 16.08.2017"

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In view thereof, the respondent no. 1 is directed to decide the injunction application of the petitioner, after hearing all the parties concerned, as expeditiously as possible, without any further delay. He shall not grant any unnecessary adjournment to any of the parties. The case shall be taken up on day to day basis. Since, there is urgency in the matter, the Court concerned shall make its best effort to decide the injunction application on the next date fixed or thereafter. In case the Court concerned is unable to decide the injunction application on the next date fixed, it shall record reasons for not being able to decide the injunction application.

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With the aforesaid observations, the petition is disposed of.

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Order Date :- 12.8.2024 Nitesh

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Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench

Jag Prasad Yadav and 3 Others v. Civil Judge Senior Division Court. No. 15 Distt. Sultanpur and 6 Others

Case brief

What is this about?

What did the court decide?

Jag Prasad Yadav and 3 Others v. Civil Judge Senior Division Court. No. 15 Distt. Sultanpur and 6 Others

Case brief

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What the court decided

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