Disposed

Indrabhan Singh v. Civil Judge (J.D.) Gonda and 3 Others

Allahabad HC11 Jan 2024A227/108/2024

Case brief

AI extract

What is this about?

Petitioner sought direction to decide his pending injunction application in a permanent injunction suit where defendants had already appeared and filed objections. The High Court directed the Civil Judge (Junior Division), Gonda to decide the application within six weeks without unnecessary adjournments and disposed of the petition.

What did the court decide?

Direction to Civil Judge (J.D.), Gonda to decide the Order 39 Rules 1 and 2 CPC application within six weeks.

Indrabhan Singh vs Civil Judge (J.D.) Gonda and 3… — Specific Performance | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:3011

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 108 of 2024

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Petitioner :- Indrabhan Singh Respondent :- Civil Judge (J.D.) Gonda And 3 Others Counsel for Petitioner :- Indrajeet Shukla,Pradeep Kumar Shukla

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioner.

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In view of the order proposed to be passed by the Court, notice to private respondents no. 2 to 4 is dispensed with.

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The petitioner has approached this Court with a limited prayer that he has filed a suit of permanent injunction in Court of Civil Judge (Junior Division), Gonda bearing Regular Suit No.954 of 2020, wherein an application under Order 39 Rule 1 and 2 C.P.C. was also filed. It is submitted that notices were issued to the defendants in the suit as well as on the said application which has been duly served on the defendants who are the private respondents before this Court, have already put in appearance and filed their objections as well as the written statement. Despite the same, the application for injunction has yet not been decided and the petitioner is under imminent threat.

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Considering the relief which has been claimed, this Court is of the opinion that no gainful purpose will be served in keeping the petition pending and the Court is of the opinion that ends of justice can be met by directing the Civil Judge (Junior Division), Gonda to consider and decide the pending application of the petitioner under Order 39 Rule 1 and 2 C.P.C. in Regular Suit No.954 of 2020 after affording full opportunity of hearing to the parties but without granting any unnecessary adjournments, preferably within a period of six weeks from the date a copy of this order is placed before the court concerned.

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It is made clear that this Court has not examined the case of either of the parties on merits and the court concerned shall consider and decide the said application strictly in accordance with law.

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With the aforesaid observation, the petition is disposed of .

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Order Date :- 11.1.2024 KR/ank

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Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench

Indrabhan Singh v. Civil Judge (J.D.) Gonda and 3 Others

Case brief

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Indrabhan Singh v. Civil Judge (J.D.) Gonda and 3 Others

Case brief

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What did the court decide?

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