Disposed

Sharda Devi and Another v. Brij Ballabh Kumar and Another

Allahabad HC11 Dec 2024A227/15500/2024

Case brief

AI extract

What is this about?

The Allahabad High Court disposed of a writ petition under Article 227 at the admission stage. It directed the Civil Judge, Kanpur Dehat, to decide a temporary injunction application in an underlying suit within two months, without adjudicating the main matter on merits.

What did the court decide?

Direction to Civil Judge, Kanpur Dehat to decide temporary injunction application within two months.

Sharda Devi and Another vs Brij Ballabh Kumar and… — Execution and Attachment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:193941

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Court No. - 9

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Case :- MATTERS UNDER ARTICLE 227 No. - 15500 of 2024

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Petitioner :- Sharda Devi And Another Respondent :- Brij Ballabh Kumar And Another Counsel for Petitioner :- Sunil Kumar

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Hon'ble Rohit Ranjan Agarwal,J.

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This writ petiton has been filed with the following prayers;

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"I. Direct the Civil Judge (Senior Division), Kanpur Dehat to decide Case No. 593 of 2023 (marked as Annexure No. 1 to this petition), (Sharda Devi & Another Versus Brij Ballabh Kumar & Another) expeditiously, preferably within the period specify by this Hon'ble Court;

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II. And, Direct the Civil Judge (Senior Division) Kanpur Dehat to decide 6 (ga) application for Temporary injunction (marked as Annexure No. 2 to this petition) in Regular/Original Suit No.593 of 2023 (Sharda Devi & Another Versus Brij Ballabh Kumar & Another) under Order 39, Rule 1 & 2 read with section 151 of The Code of Civil Procedure, 1908, expeditiously, preferably within the period specify by this Hon'ble Court."

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On the matter being taken up today, learned counsel for the petitioner submits that he is not pressing the first prayer and is confining only to the second prayer made in the writ petition.

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As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed off, at the admission stage, without calling for counter affidavit or issuing notice to private respondent, with a direction upon Civil Judge (Senior Division), Kanpur Dehat to decide the temporary injunction application (6-C) filed in Suit No. 593 of 2023, 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 off.

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

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Order Date :- 11.12.2024

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Shekhar

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Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad

Sharda Devi and Another v. Brij Ballabh Kumar and Another

Case brief

What is this about?

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Sharda Devi and Another v. Brij Ballabh Kumar and Another

Case brief

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