Disposed

Azmat Zafar Sabri v. Civil Judge (Junior Division) Hawali, Lko. and 2 Others

Allahabad HC12 Feb 2024/667/2024

Case brief

AI extract

What is this about?

In this CPLJ matter, the Allahabad High Court disposed of a writ petition seeking expedited disposal of an interim injunction application in a subordinate court. The court directed the petitioner to move a fresh application in the trial court, referencing a High Court circular mandating time-bound disposal, without examining the merits of the dispute.

What did the court decide?

Liberty granted to petitioner to approach trial court with an application referencing the High Court circular for time-bound disposal of the interim injunction.

Azmat Zafar Sabri Vs Civil Judge (Junior… — Contract and Commercial Disputes | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:12378

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 667 of 2024

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Petitioner :- Azmat Zafar Sabri Respondent :- Civil Judge (Junior Division) Hawali, Lko. And 2 Others

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Counsel for Petitioner :- Vaibhav Sharma,Aakash Rai,Anand Kumar Sharma

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioner.

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The instant petition has been preferred seeking expeditious disposal of an application under Order 39 Rule 1 and 2 C.P.C. filed in Regular Suit No.1554 of 2023.

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The contention is that the petitioner has instituted a regular suit bearing No.1554 of 2023 before the Court of Civil Judge (Junior Division) Hawali, Lucknow seeking a decree of specific performance of contract and permanent injunction against the private respondents.

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It is urged that the private-respondents have put in appearance and though the matter is being listed but for one reason or the other, the application under Order 39 Rule 1 and 2 C.P.C. is not being preferred. It is in the aforesaid backdrop that an expedite order be passed.

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

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Considering the facts and circumstances and also noticing the extracts of the order sheets, which has been brought on record as Annexure No.3, 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 1 and 2 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 1 and 2 C.P.C. and the same is being reproduced as under:-

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"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:

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"Through Registered Post/E-mail

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

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To,

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

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

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Yours faithfully,

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Sd/(Mohd. Faiz Alam Khan)

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

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Copy forwarded for information and necessary action to:

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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.

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

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

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

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

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(Emphasis supplied)"

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At this stage, the Court is not inclined to interfere in the matter. However, the liberty is granted to the plaintiff-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

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moved, the trial court shall take note of it and pass appropriate orders in the light of the Circular.

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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.

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With the aforesaid observations, the petition is disposed of .

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Order Date :- 12.2.2024 Rakesh/-

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

Azmat Zafar Sabri v. Civil Judge (Junior Division) Hawali, Lko. and 2 Others

Case brief

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Azmat Zafar Sabri v. Civil Judge (Junior Division) Hawali, Lko. and 2 Others

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