Disposed

Vijay Bahadur Maurya v. Civil Judge (Junior Division) South Court No. 24 Sultanpur and Others

Allahabad HC22 Jan 2024A227/289/2024

Case brief

AI extract

What is this about?

The Allahabad High Court, exercising supervision under Article 227, directed the concerned Civil Court to consider and decide a pending interim injunction application under Order 39 Rule 1 and 2 C.P.C. within six weeks without unnecessary adjournments.

What did the court decide?

The concerned Civil Court directed to consider the pending Order 39 application within six weeks without unnecessary adjournments.

Vijay Bahadur Maurya vs Civil Judge (Junior… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:6103

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 289 of 2024

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Petitioner :- Vijay Bahadur Maurya Respondent :- Civil Judge (Junior Division) South Court No. 24 Sultanpur And Others Counsel for Petitioner :- Awadhesh Kumar Srivastava,Salik Ram

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioner.

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In view of the order proposed to be passed by the Court, notice to private respondents no.1 to 3 is dispensed with.

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The submission of the counsel for the petitioner is that the petitioner as plaintiff had instituted Regular Suit No.783 of 2023 before the Civil Judge (Junior Division), Court No.24, Sultanpur along with the said suit an application under Order 39 Rule 1 and 2 C.P.C. was also moved, upon which the court on 02.05.2023 has issued notice. It is submitted that the defendants have been deemed serve, however, they have not filed any objection and the court concerned has also not heard the application under Order 39 Rule 1 and 2 C.P.C. and since the petitioner is under an imminent threat at the best of the private respondents. Accordingly, an appropriate order expediting the disposal of the application under Order 39 Rule 1 and 2 C.P.C. may be quashed.

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Having considered the aforesaid submissions and from the perusal of the material on record, including the extracts of the ordersheets which have been brought on record by the petitioner as Annexure No.5, this Court finds that no gainful purpose will be served in keeping the petition pending rather

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ends of justice can be met by directing the court concerned to be seized of the matter Regular Suit bearing No.783 of 2023 to consider and decide the pending application under Order 39 Rule 1 and 2 C.P.C. after affording full opportunity of hearing to the parties but without granting any unnecessary adjournments, preferably within a period of six weeks from the date 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 consider and decide the pending 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 :- 22.1.2024 KR

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

Vijay Bahadur Maurya v. Civil Judge (Junior Division) South Court No. 24 Sultanpur and Others

Case brief

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Vijay Bahadur Maurya v. Civil Judge (Junior Division) South Court No. 24 Sultanpur and Others

Case brief

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