Disposed

Babu Lal v. Civil Judge Junior Division South Court No. 24 and 4 Others

Allahabad HC9 Jul 2024A227/3112/2024

Case brief

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What is this about?

Petition sought a direction to the trial court to expedite a pending temporary injunction application. As no urgency application had been filed there, the court disposed of the petition with liberty to file one, expecting expeditious disposal.

What did the court decide?

Liberty to petitioner to move urgency application for early disposal of temporary injunction application before respondent no. 1; expected to be decided expeditiously in accordance with law.

Babu Lal vs Civil Judge Junior Division… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:46543

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Court No. - 19

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Case :- MATTERS UNDER ARTICLE 227 No. - 3112 of 2024

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Petitioner :- Babu Lal Respondent :- Civil Judge Junior Division South Court No. 24 And 4 Others

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Counsel for Petitioner :- Prabhakar Nath Mishra

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the parties and gone through the record of the case.

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Learned counsel for the petitioner has submitted that the present writ petition has been preferred for issuing direction to the respondent no. 1-Civil Judge (Junior Division) South Court No. 24, District Sultanpur to decide the Temporary Injunction Application (4Ga2) under Order 39 Rule 1 and 2 C.P.C. in O.S. No. 237 of 2023,( Babu Lal Vs. Karamraj & others), which is pending since 09.02.2023, within a stipulated time as this Hon'ble Court may fix.

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On being specifically asked from learned counsel for the petitioner that whether petitioner has preferred any application for early disposal of the temporary injunction application by showing urgency in the matter before the Court concerned, it has been replied by learned counsel for the petitioner that no such application has been preferred before the Court concerned and petitioner has approached this Court directly for deciding the temporary injunction application expeditiously.

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At this stage, learned counsel for the petitioner has submitted that present petition may be disposed of with a liberty to the petitioner to move an urgency application for early disposal of the temporary injunction application before the Court concerned and if any such application is preferred by the petitioner the same may be decided within the stipulated time fix by this Court.

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Learned Standing Counsel has no objection to the prayer made by learned counsel for the petitioner.

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On the request of learned counsel for the petitioner and without entering into the merit of the case, the present petition is disposed of with liberty to the petitioner to move an urgency application for early disposal of temporary injunction application before the respondent no. 1. If any such application is preferred, it is expected that the respondent no. 1 shall decide

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the urgency application preferred by the petitioner expeditiously in accordance with law, after giving opportunity of hearing to the parties concerned and without providing any unnecessary adjournment to either of the parties.

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Order Date :- 9.7.2024 Nitesh

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

Babu Lal v. Civil Judge Junior Division South Court No. 24 and 4 Others

Case brief

What is this about?

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Babu Lal v. Civil Judge Junior Division South Court No. 24 and 4 Others

Case brief

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