It has been submitted by learned counsel for that respondent No. 2 had filed a suit for permanent injunction against the petitioners being Suit No. 847/2020 (Chandrawati Vs. Ramesh Prasad and others) in the Court of Additional Civil Judge (Jr. Div.), Gonda along with an application under Order 39 rule 1 & 2 CPC.

It was stated that on 17.03.2020 , the Civil Judge (Jr. Div,.), FTC, Naveen Gonda granted the injunction in favour of plaintiff. Subsequent to which petitioners have appeared in the suit proceedings and also filed their objections to stay application on 27.08.2020.

It has been submitted that since 27.08.2020, the application for vacation of the interim order is pending and is not being decided and in the meanwhile the respondents have sold the property and therefore there is urgency in the matter.

This Court is conscious of the fact that the trial courts are burdened to heavy dockets and in a routine manner directions cannot be passed to the trial court to decide any particular case out of turn expeditiously. It is when some extra ordinary circumstance is made out only then it would be appropriate for this Court to exercise its extra ordinary jurisdiction under Article 227 of the Constitution of India. There also liberty should be given to the petitioner to place his grievances before the trial court who after looking into the urgency as well as dockets situation and pass appropriate orders to expedite the same. In the present case no such circumstances has been mentioned or made out requiring interference of this Court

under Article 227 of the Constitution of India.

However, liberty is given to the petitioner to move appropriate application detailing urgency for expeditious disposal of the stay application before the trial court. In case, such application is moved within two weeks from today the trial court shall consider and decide the same expeditiously, say, within three weeks thereafter. In case, the trial court is prima facie satisfied that a case for urgency is made out it shall pass suitable order thereon.

(Alok Mathur, J.)

¶18

Order Date :- 14.5.2024 Ravi/

Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench

Krishna Devi and Another v. Additional Civil Judge Junior Division / F.T.C. Gonda and 8 Others

What the court decided