Disposed

Amarjeet Kaur and 2 Others v. Civil Judge Senior Division Malihabad Lko. and Another

Allahabad HC19 Jan 2024A227/246/2024

Case brief

AI extract

What is this about?

Petitioners sought setting aside a civil judge's order and expeditious disposal of their injunction application in an ongoing suit. They withdrew the first relief; the High Court directed the court concerned to decide the pending Order XXXIX application within six weeks without unnecessary adjournments, expressly leaving merits untouched.

What did the court decide?

Direction to Civil Judge (Senior Division), Malihabad to decide the pending Order XXXIX Rule 1 and 2 injunction application within six weeks without unnecessary adjournments.

Amarjeet Kaur and 2 Others vs Civil Judge Senior… — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:5579

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 246 of 2024

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Petitioner :- Amarjeet Kaur And 2 Others Respondent :- Civil Judge Senior Division Malihabad Lko. And Another

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Counsel for Petitioner :- Pritish Kumar,Shantanu Gupta

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioners.

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

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The petitioner has approached this Court seeking the following reliefs:-

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(i) To issue suitable order(s) or direction(s), setting aside/modifying the impugned Order, dated 19.12.2023, passed by the Ld. Civil Judge (Senior Division), Malihabad, Lucknow in Regular Suit No. 2523 of 2023 (Amarjeet Kaur & 2 ors. & Anr. v. Narendra Kumar Rai) by granting an ad-interim injunction order restraining the Respondent No. 2 from demolishing existing construction and raising new construction in the property in dispute,

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ii) In the alternative, to issue suitable order(s) or direction(s), directing the Ld. Civil Judge (Senior Division), Malihabad, Lucknow, to expeditiously decide the Application bearing no. C-6 preferred under Order XXXIX Rule 1 and 2 read with Section 151 of CPC in in Regular Suit No. 2523 of 2023 (Amarjeet Kaur & 2 ors. & Anr. v. Narendra Kumar Rai), pending before it in such time and manner, as this Hon'ble Court may deem fit, in aforesaid facts and circumstances of present case;

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During the course of argument, the counsel for the petitioners submits that he does not wish to press relief no.1 and confines his submission to the relief no.2, whereby he seeks expeditious disposal of his application under Order 39 Rule 1 and 2 C.P.C. filed in Regular Suit No.2523 of 2023.

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Having considered the aforesaid submissions and also noticing that the petitioners have confined their relief only for expeditious disposal of an application under Order 39 Rule 1 and 2 C.P.C., this Court is of the opinion that no gainful purpose will be served in keeping the petition pending rather ends of justice can be met by directing the court seized of Regular Suit No. 2523 of 2023 to consider and decide the pending application for injunction preferred by the petitioners after

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affording full opportunity of hearing to the parties but without granting any unnecessary adjournments, preferably within a period of six weeks from today, 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 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 :- 19.1.2024 KR/ank

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Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Amarjeet Kaur and 2 Others v. Civil Judge Senior Division Malihabad Lko. and Another

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Amarjeet Kaur and 2 Others v. Civil Judge Senior Division Malihabad Lko. and Another

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