Maha Shiv Shakti Siddhpeeth Trust,Lko. Thru… — Writ and Judicial Review | Allahabad HC (2024)

Maha Shiv Shakti Siddhpeeth Trust,Lko. Thru… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Direction to the learned Civil Judge (Senior Division), Malihabad, Lucknow to dispose of the petitioner's application for temporary injunction under Order 39 Rule 1 and 2 C.P.C. (Paper No.C-6) filed in Regular Suit No.996 of 2024 expeditiously, without granting any unnecessary adjournment to any of the parties; notice to the respondents was dispensed with.

Issue for consideration

Whether, in a petition under Article 227 of the Constitution of India, a direction should be issued to the Civil Judge (Senior Division), Malihabad, Lucknow for expeditious disposal of the petitioner's application for temporary injunction under Order 39 Rule 1 and 2 C.P.C. (Paper No.C-6) in Regular Suit No.996 of 2024.

Court's answer

The writ petition is disposed of by issuing a direction to the learned Civil Judge (Senior Division), Malihabad, Lucknow to dispose of the petitioner's application for temporary injunction under Order 39 Rule 1 and 2 C.P.C. (Paper No.C-6) filed in Regular Suit No.996 of 2024 expeditiously, without granting any unnecessary adjournment to any of the parties.

Ratio / Principle

Although service of summons/notice on defendant Nos.2 and 3 was held on 19.4.2024, on the subsequent dates fixed (04.05.2024 and 03.07.2024) the Civil Judge granted time to the defendants for filing written statement and passed no order on the temporary injunction application; this unexplained delay formed the basis of the direction for expeditious disposal.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Subhash Vidyarthi, J.), by order dated 23.8.2024 in MATTERS UNDER ARTICLE 227 No. 3882 of 2024 (neutral citation 2024:AHC-LKO:57551), disposed of a petition under Article 227 of the Constitution of India filed by Maha Shiv Shakti Siddhpeeth Trust, Lucknow, through its Treasurer, seeking a direction to the Civil Judge (Senior Division), Malihabad, Lucknow for expeditious disposal of its application for temporary injunction under Order 39 Rule 1 and 2 C.P.C. (Paper No.C-6) in Regular Suit No.996 of 2024. The suit and the injunction application had been filed on 18.03.2024; notice and summons were issued fixing 04.04.2024; service on defendant Nos.2 and 3 was held on 19.4.2024; yet on 04.05.2024 and 03.07.2024 the Civil Judge granted time to the defendants for filing written statements and passed no order on the injunction application. Issuance of notice to the respondents was dispensed with in view of the nature of relief, and the Civil Judge was directed to decide the temporary injunction application expeditiously without granting any unnecessary adjournment to any of the parties.

Neutral Citation No. - 2024:AHC-LKO:57551

Court No. - 19

Case :- MATTERS UNDER ARTICLE 227 No. - 3882 of 2024

Petitioner :- Maha Shiv Shakti Siddhpeeth Trust,Lko. Thru. Treasurer Shyam Sundar Srivastava Respondent :- Civil Judge (Senior Division) Malihabad, Lko. And 2 Others

Counsel for Petitioner :- Har Bansh Singh

Hon'ble Subhash Vidyarthi,J.

Heard Shri Har Bansh Singh, learned counsel for the petitioner.

Keeping in view the nature of relief sought in the writ petition, issuance of notice to the respondents is dispensed with.

By means of the instant writ petition filed under Article 227 of the Constitution of India, the petitioner has sought issuance of a direction to the Civil Judge (Senior Division), Malihabad, Lucknow for expeditious disposal of his application for temporary injunction under Order 39 Rule 1 and 2 C.P.C. (Paper No.C-6).

The petitioner had filed the aforesaid suit and the application under Order 39 Rule 1 C.P.C. on 18.03.2024, on which date the learned Civil Judge issued notice and summons to the defendants fixing 04.04.2024 for disposal of the application for temporary injunction (Paper No.C-6). On 19.4.2024, the learned Civil Judge held service of summons/notice on the defendant Nos.2 and 3. In spite of it, on subsequent dates fixed on 04.05.2024 and 03.07.2024, the learned Civil Judge granted time to the defendants for filing written statement and no order was passed on the application for temporary injunction.

Keeping in view the aforesaid facts, the instant writ petition is disposed of by issuing a direction to the learned Civil Judge (Senior Division), Malihabad, Lucknow to disposed of the petitioner's application for temporary injunction under Order 39 Rule 1 and 2 C.P.C. (Paper No.C-6) filed in Regular Suit No.996 of 2024 expeditiously, without granting any unnecessary adjournment to any of the parties.

[Subhash Vidyarthi,J.]

Order Date :- 23.8.2024 -Amit K-

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