Amitabh Awasthi v. Civil Judge, Small Cause Judge, Court No. 19, Lucknow and 5 Others
Case brief
What is this about?
Article 227 petition (Matters Under Article 227 No. 6520 of 2023, Allahabad High Court Lucknow Bench, Jaspreet Singh, J., order dated 05.01.2024, neutral citation 2024:AHC-LKO:1363) seeking expedition of disposal of a temporary-injunction application under Order 39 Rules 1 and 2 CPC in Regular Suit No. 232 of 2022 pending before the Judge Small Cause Court No.19, Lucknow; notice had been served on 05.02.2022 and respondents appeared, but the application was not being decided (order-sheets at Annexure 5). Held: petition disposed with direction to decide the pending Order 39 Rules 1 and 2 CPC application within four weeks, with full opportunity of hearing and no unnecessary adjournments; merits not examined. Keywords: expeditious disposal; injunction application delay; writ supervision over subordinate court; time-bound direction.
What did the court decide?
Direction to the court concerned to consider and decide the pending application under Order 39 Rules 1 and 2 CPC in Suit No. 232 of 2022 after affording full opportunity of hearing, without unnecessary adjournments, preferably within four weeks from the date a copy of the order is placed before it.