Disposed¶34

Mohd. Junaid v. the Court of Learned Civil Judge Senior Division Room No. 15 Sultanpur and 2 Others

Allahabad HC1 Feb 2024/456/2024

Case brief

AI extract

What is this about?

Article 227; Order 39 Rule 4 CPC; interim injunction application; time-bound disposal; Circular Letter dated 16.8.2017; six months; expedite; Regular Suit No.1062/2022; Sultanpur; Mohd. Junaid; Rudra Mani Shukla; Jaspreet Singh; disposed of; liberty to approach trial court; order sheet extracts Annexure 2 and 4.

What did the court decide?

Petition disposed of without interference; liberty granted to the petitioner to approach the trial court with an appropriate application along with this Court's order quoting the Circular dated 16.8.2017, and the trial court directed to take note thereof and pass appropriate orders in light of the Circular. ¶34

Mohd. Junaid Vs the Court of Learned Civil Judge… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

¶34

Issue for consideration

Whether the trial court should be directed to expedite disposal of the application under Order 39 Rule 4 C.P.C. pending in Regular Suit No.1062/2022.

¶7

Court's answer

The Court held that no gainful purpose would be served in keeping the petition pending; ends of justice could be served by permitting the petitioner to move the court concerned with a fresh application for early consideration of the Order 39 Rule 4 C.P.C. application, and the court concerned was to take note of the administrative-side circular regarding disposal of such applications.

¶11

Ratio / Principle

In view of the order proposed by the Court, notice to the private respondents was dispensed with.

¶10

Key takeaways

Liberty was granted to the petitioner to approach the trial court with an appropriate application together with the order passed by this Court quoting the Circular dated 16.8.2017; if such an application is moved, the trial court shall take note of it and pass appropriate orders in the light of the Circular.ratio¶32
The Court clarified that it had not examined the case of either party on merits and the court concerned shall decide the matter strictly in accordance with law.ratio¶33

Detailed headnote1 paragraphs

Article 227 petition (Matters Under Article 227 No. 456 of 2024, Lucknow Bench) by Mohd. Junaid seeking expeditious disposal of an application under Order 39 Rule 4 C.P.C. pending in Regular Suit No.1062/2022 before the Civil Judge (Senior Division), Court No.15, Sultanpur — a suit instituted by the private respondent seeking an injunction over the petitioner's land. Noting the order-sheet extracts (Annexures 2 and 4), the Court declined to interfere directly, dispensed with notice on the private respondents, and disposed of the petition, granting liberty to move the trial court afresh with a copy of the order reproducing the High Court's Circular Letter C.L. No. 24/Admin. 'G-II' dated 16.08.2017, which directs subordinate courts to dispose of interim-injunction applications within six months, failing which reasons must be recorded in the order sheet; the trial court was to pass appropriate orders in light of the Circular. Merits of either party's case were expressly not examined.

¶1

Neutral Citation No. - 2024:AHC-LKO:9249

¶2

Court No. - 8

¶3

Case :- MATTERS UNDER ARTICLE 227 No. - 456 of 2024

¶4

Petitioner :- Mohd. Junaid Respondent :- The Court Of Learned Civil Judge Senior Division Room No. 15 Sultanpur And 2 Others Counsel for Petitioner :- Rudra Mani Shukla

¶5

Hon'ble Jaspreet Singh,J.

¶6

Heard learned counsel for the petitioner.

¶7

The instant petition has been preferred seeking expeditious disposal of an application under Order 39 Rule 4 C.P.C. filed in Regular Suit No.1062/2022.

¶8

The contention is that the private-respondent has instituted a regular suit bearing No.1062/2022 before the Court of Civil Judge (Senior Division), Court No.15, Sultanpur seeking an injunction over the land of the petitioner.

¶9

It is urged that though the matter is being listed but for one reason or the other, the application under Order 39 Rule 4 C.P.C. is not being preferred. It is in the aforesaid backdrop that an expedite order be passed.

¶10

In view of the order proposed by the Court, notice to the private respondents is dispensed with.

¶11

Considering the facts and circumstances and also noticing the extracts of the order sheets, which has been brought on record as Annexure No.2 and 4 respectively, this Court is of the opinion that no gainful purpose will be served in keeping the petition pending rather ends of justice can be served by permitting the petitioner to move approach the Court concerned by moving a fresh application for early consideration of the application under Order 39 Rule 4 C.P.C. in case if such application is moved, the Court concerned shall take note of the circular passed on the administrative side regarding the disposal of the applications under Order 39 Rule 4 C.P.C. and the same is being reproduced as under:-

¶12

"However, as far as Paper No. 6C is concerned, this Court has issued a Circular Letter dated 16.8.2017, which is quoted as under:

¶13

"Through Registered Post/E-mail

¶14

From, Mohd. Faiz Alam Khan, HJS, Registrar General, High Court of Judicature at Allahabad.

¶15

To,

¶16

All the District & Sessions Judges, Subordinate to the High Court of Judicature at Allahabad.

¶17

C.L. No. 24/Admin. 'G-II' Dated: Allahabad 16.08.17

¶18

Sub: Time bound disposal of interim injunction application.

¶19

Madam/Sir

¶20

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.

¶21

I am, therefore, directed to request you to circulate the instant direction amongst all the Judicial Officers working under your supervision and control and to ensure strict compliance of the same in letter and spirit.

¶22

Yours faithfully,

¶23

Sd/(Mohd. Faiz Alam Khan)

¶24

No. /Admin.'G-II' Dated: Allahabad 2017.

¶25

Copy forwarded for information and necessary action to:

¶26

1. The Registrar, High Court of Judicature at Lucknow Bench, Lucknow. 2. P.S. to all the Hon'ble Judges at Allahabad and also at Lucknow Bench, Lucknow to place the same before their Lordships for kind perusal.

¶27

3. The Director, Judicial Training & Research Institute, Gomti Nagar, Lucknow.

¶28

4. All the Judicial Officers posted in the Registry in Allahabad High Court and Lucknow Bench, Lucknow.

¶29

5. The Member Secretary, U.P. State Legal Services Authority, III floor, Jawahar Bhawan, Annexe Lucknow.

¶30

6. Section Officer, Admin. 'H' Section for compliance of guard file."

¶31

(Emphasis supplied)"

¶32

At this stage, the Court is not inclined to interfere in the matter. However, the liberty is granted to the petitioner to approach the trial court and move an appropriate application along with the order passed by this Court wherein aforesaid Circular has been quoted and in case, if such an application is moved, the trial court shall take note of it and pass appropriate orders in the light of the Circular.

¶33

It is made clear that the 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.

¶34

With the aforesaid observations, the petition is disposed of .

¶35

Order Date :- 1.2.2024 Rakesh/-

¶36

Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Junaid v. the Court of Learned Civil Judge Senior Division Room No. 15 Sultanpur and 2 Others

Case brief

What is this about?

What did the court decide?

Mohd. Junaid v. the Court of Learned Civil Judge Senior Division Room No. 15 Sultanpur and 2 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Shiv Pal and Others Vs State of U.P. Thru. Collector, Ayodhya and Others

Sunil Yadav Vs Special Secretary,Housing and Urban Planning Sitting at Tribunal/Revisional Authority,Lko. and Ors.

Smt. Abha Shukla Vs Tehsildar, Tehsil-Ram Nagar, Mandal-Ayodhya, District-Barabanki

Hanumant Chand Gond Vs Sub Divisional Magistrate Tehsil Mankapur Distt. Gonda and Another

Mahant Amar Muni vs the Court of Civil Judge (Senior Division), Court No. 20 Barabanki and 9 Others

Paras Nath Tiwari Vs Civil Judge (Senior Division) Room NO.15 Distt. Sultanpur and 2 Others