Disposed

Jagveer Singh v. Uttar Pradesh State Industrial Development Authority and 9 Others

Allahabad HC21 Nov 2024A227/14593/2024

Case brief

AI extract

What is this about?

High Court of Judicature at Allahabad disposed of a writ petition under Article 227 arising from a disputed temporary injunction in a civil suit. The Court, without adjudicating on merits, directed the lower court to decide the pending miscellaneous appeal within two months and held that the interim injunction would remain operative until that decision. Quality: thin.

What did the court decide?

Direction to Additional District Judge, Court No.6, Aligarh to decide Misc. Appeal No.76 of 2024 within two months. Interim injunction to continue until that decision.

Jagveer Singh vs Uttar Pradesh State… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:182076

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Court No. - 9

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Case :- MATTERS UNDER ARTICLE 227 No. - 14593 of 2024

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Petitioner :- Jagveer Singh Respondent :- Uttar Pradesh State Industrial Development Authority And 9 Others

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Counsel for Petitioner :- Anil Kumar Aditya

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Counsel for Respondent :- Anuj Pratap Singh,Dhananjay Pratap Singh

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Hon'ble Rohit Ranjan Agarwal,J.

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Heard learned counsel for the petitioner, Sri Ambrish Shukla, learned counsel for respondent No.1 and Sri Devansh Mishra, learned counsel for respondents No.2 and 3.

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A preliminary objection has been raised by learned counsel appearing for respondents No.2 and 3 as to the maintainability of the writ petition on the ground that the Misc. Appeal filed against the refusal of temporary injunction order under Order XLIII, Rule 1 C.P.C. is coming up before the Court concerned tomorrow. It is only against rejection of interim injunction application, misc. appeal was preferred which is pending consideration.

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Learned counsel for the petitioner fairly submits that he is not pressing the writ petition and a direction may be issued to the concerned Court for early disposal of the appeal.

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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, with a direction upon Additional District Judge, Court No.6, Aligarh, to take final call in Misc. Appeal No.76 of 2024 and decide the same, 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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It is further provided that as initially ad interim injunction was granted on the application moved by the plaintiff-petitioner in the year 1999, which continued till the year 2024 when the application 6-C was finally decided and rejected vide order dated 09.10.2024, the interim injunction granted by the trial Court initially would continue to be in operation till the decision of Misc. Appeal No.76 of 2024.

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With the aforesaid direction, present writ petition stands disposed

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of.

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It is made clear that this Court has not adjudicated the case on merit.

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Order Date :- 21.11.2024 Kushal

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Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad

Jagveer Singh v. Uttar Pradesh State Industrial Development Authority and 9 Others

Case brief

What is this about?

What did the court decide?

Jagveer Singh v. Uttar Pradesh State Industrial Development Authority and 9 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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