Disposed

Ramesh Chandra Mishra v. Suresh Chandra Mishra and 3 Others

Allahabad HC24 Oct 2024A227/10652/2024

Case brief

AI extract

What is this about?

High Court disposed of a writ petition under Article 227 directing the Civil Court, Bareilly, to decide a temporary injunction application within two months of order production, without adjudicating merits.

What did the court decide?

Direction to Civil Court, Bareilly to decide temporary injunction application within two months after production of certified copy of order.

Ramesh Chandra Mishra vs Suresh Chandra… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:171007

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Court No. - 9

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Case :- MATTERS UNDER ARTICLE 227 No. - 10652 of 2024

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Petitioner :- Ramesh Chandra Mishra Respondent :- Suresh Chandra Mishra And 3 Others Counsel for Petitioner :- Kabeer Tiwari,Sr. Advocate

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Hon'ble Rohit Ranjan Agarwal,J.

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This writ petition has been filed with the following prayers:-

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"i. Issue an appropriate order, or direction directing the Court of Civil Judge (Senior Division), Bareilly, to dispose of Original Suit No. 144 of 2024 (Ramesh Chandra Mishra Vs. Suresh Chandra Mishra and Others) in a timebound manner, preferably within six months, or as this Hon'ble Court deems fit.

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ii. Issue an appropriate order, or direction directing the Court of Civil Judge (Senior Division), Bareilly, to dispose of the interim injunction application (Paper No. 6 C) dated 17.02.2024 in Original Suit No. 144 of 2024 (Ramesh Chandra Mishra Vs. Suresh Chandra Mishra and Others) in a time-bound manner as this Hon'ble Court deems fit."

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At the very outset, learned counsel for petitioner submits that he is not pressing the first prayer made in the writ petition and is confining only to second prayer which is for a direction upon court below to decide the temporary injunction application 6-C filed in Original Suit No. 144 of 2024.

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As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon Civil Judge (Senior Division), Bareilly to decide the temporary injunction application (6-C) dated 17.02.2024 filed in Suit No. 144 of 2024, in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this order.

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With the aforesaid directions, writ petition stands disposed of.

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It is made clear that this Court has not adjudicated the matter on merits.

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Order Date :- 24.10.2024 V.S.Singh

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Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad

Ramesh Chandra Mishra v. Suresh Chandra Mishra and 3 Others

Case brief

What is this about?

What did the court decide?

Ramesh Chandra Mishra v. Suresh Chandra Mishra and 3 Others

Case brief

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What did the court decide?

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