Dismissed¶¶10

Ved Prakash Srivastava and 2 Others v. Virendra Nath Srivastava and Another

Allahabad HC10 Sept 2024/4343/2024

Case brief

AI extract

What is this about?

Article 227 — expeditious disposal of temporary injunction application — Regular Suit No.2003 of 2024, Civil Judge (J.D.), Dalmau, Raebareli — perpetual injunction suit filed 13.08.2024 — ex-parte temporary injunction refused — Commission issued to Court Amin — defendants filed written statement and objections 27.08.2024 — petitioners' expeditious-disposal application dated 31.08.2024 pending before trial Court — trial Court and defendants acting with promptitude — no interference — petition dismissed.

What did the court decide?

On the facts, the trial Court as well as the defendants in the suit are acting with promptitude in the matter. ¶¶9

Ved Prakash Srivastava and 2 Others Vs Virendra… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:62294

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Court No. - 19

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Case :- MATTERS UNDER ARTICLE 227 No. - 4343 of 2024

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Petitioner :- Ved Prakash Srivastava And 2 Others Respondent :- Virendra Nath Srivastava And Another Counsel for Petitioner :- Avinash Singh Vishen,Nishant Pandey

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Avinash Singh Vishen, learned counsel for the petitioners.

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By means of the instant writ petition filed under Article 227 of the Constitution of India, the petitioners have sought issuance of direction to the learned Civil Judge (J.D.), Dalmau, Raebareli for expeditious disposal of the application for temporary injunction filed in Regular Suit No.2003 of 2024.

¶8

The aforesaid suit has been filed by the petitioners on 13.08.2024 for a relief of perpetual injunction. The trial Court found that there was no sufficient reason for passing an ex-parte order of temporary injunction and it issued notice of the application and summons of the suit to the defendants, fixing 13.09.2024 for filing of objections against the application for temporary injunction and its disposal. On the same date, the trial Court issued a Commission to the Court Amin for local inspection of the property in dispute and submission of report. The defendants have already filed a written statement and objections against the application for temporary injunction on 27.08.2024 that is much before the date fixed by the trial Court i.e. 13.09.2024. The petitioner's have filed an application for expeditious disposal of the application for temporary injunction before the trial Court on 31.08.2024, which has been ordered to be put up on the date fixed.

¶9

From the aforesaid facts, it appears that the trial Court as well as the defendants in the suit are acting with promptitude in the matter. Therefore, this Court finds no reason to interfere in this petition filed on 07.09.2024 seeking expeditious disposal of the aforesaid suit and the application for temporary injunction filed on 13.08.2024, more particularly, when the petitioners' application dated 31.08.2024 for expeditious disposal of the application for temporary injunction is pending consideration before the trial Court.

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Accordingly, the petition is dismissed .

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[Subhash Vidyarthi,J.]

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Order Date :- 10.9.2024/-Amit K-

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

Ved Prakash Srivastava and 2 Others v. Virendra Nath Srivastava and Another

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Ved Prakash Srivastava and 2 Others v. Virendra Nath Srivastava and Another

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