Disposed

Smt. Sheela Tara Shankar Gupta and Another v. Rakesh and 5 Others

Allahabad HC14 Mar 2024A227/1265/2024

Case brief

AI extract

What is this about?

This Article 227 petition sought expediting disposal of an Order 39 CPC application in a regular suit. The Court dispensed with notice and directed the trial court to move an appropriate application while noting a High Court circular mandating six-month disposal of interim injunctions.

What did the court decide?

Expeditious disposal directed by permitting petitioners to approach the trial court with the circular; notice dispensed with.

Smt. Sheela Tara Shankar Gupta and Another… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:22268

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 1265 of 2024

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Petitioner :- Smt. Sheela Tara Shankar Gupta And Another Respondent :- Rakesh And 5 Others Counsel for Petitioner :- Shamshad Ahmad Khan,Huma Khan

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioners.

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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.1400 of 2017 (Smt. Sheela Tara Shankar Gupta and another Vs. Rakesh and others).

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The contention is that the petitioners have instituted a regular suit bearing No.1400 of 2017 before the Civil Judge, (Junior Division), North Lucknow seeking an injunction against the private respondents.

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It is urged that the 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. 5, 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 petitioners to 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,

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Mohd. Faiz Alam Khan, HJS,

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Registrar General,

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High Court of Judicature at

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Allahabad. To,

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All the District & Sessions Judges,

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Subordinate to the High Court of Judicature at

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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/-

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(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.

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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 petitioners 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.

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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 :- 14.3.2024 ank

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

Smt. Sheela Tara Shankar Gupta and Another v. Rakesh and 5 Others

Case brief

What is this about?

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Smt. Sheela Tara Shankar Gupta and Another v. Rakesh and 5 Others

Case brief

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