Disposed

Rajneesh Kumar Tripathi v. Civil Judge Lucknow (Senior Division), Lko. and 2 Others

Allahabad HC9 Jan 2024A227/34/2024

Case brief

AI extract

What is this about?

The petitioner filed a writ petition under Article 227 seeking expeditious disposal of an injunction application in a subordinate court. The High Court noted the trial court's partial compliance with service requirements and cited an order empowering the High Court to issue orders to subordinate courts for time-bound disposal of injunctions. The petition was disposed of.

What did the court decide?

Petitioner directed to file appropriate application before the trial court; petition disposed of.

Rajneesh Kumar Tripathi vs Civil Judge… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:1931

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 34 of 2024

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Petitioner :- Rajneesh Kumar Tripathi Respondent :- Civil Judge Lucknow (Senior Division), Lko. And 2 Others

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Counsel for Petitioner :- Anil Kumar Gupta,Smt. Ruchi Gupta

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioner.

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By means of the instant petition, the petitioner has approached this Court seeking expeditious disposal of an application filed under Order 39 Rules 1 and 2 CPC in Regular Suit No.676/2022.

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Having considered the material available on record as well as from the perusal of the extracts of the order-sheets which have been brought on record, it appears that the trial Court on the application under Order 39 Rules 1 and 2 CPC had issued notices to the defendants of the suit.

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As per the order-sheet dated 25.10.2023, the service on the respondents/defendant No.2 is sufficient but insofar as the defendant No.1 is concerned.

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Considering the fact that the application for injunction is pending before the Court also in light of the circular issued by this Court on administrative side which read as under:-

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"However, as far as Paper No. 6C is concerned, this Court has issued a Circular Letter dated 16.8.2017, which is quoted as under:

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"Through Registered Post/E-mail

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From,

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Mohd. Faiz Alam Khan, HJS, Registrar General, High Court of Judicature at Allahabad.

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To,

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All the District & Sessions Judges, Subordinate to the High Court of Judicature at Allahabad. C.L. No. 24/Admin. 'G-II' Dated: Allahabad 16.08.17

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Sub: Time bound disposal of interim injunction application.

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Madam/Sir

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Hon'ble Court has directed that all the subordinate courts must ensure to dispose of applications of interim injunction within six months, failing which they shall have to record reasons in the order sheet.

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I am, therefore, directed to request you to circulate the instant direction amongst all the Judicial Officers working under your supervision and control and to ensure strict compliance of the same in letter and spirit.

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Yours faithfully,

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Sd/(Mohd. Faiz Alam Khan)

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No./Admin.'G-II' Dated: Allahabad 2017.

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Copy forwarded for information and necessary action to:

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The Registrar, High Court of Judicature at Lucknow Bench, Lucknow.

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P.S. to all the Hon'ble Judges at Allahabad and also at Lucknow Bench, Lucknow to place the same before their Lordships for kind perusal.

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The Director, Judicial Training & Research Institute, Gomti Nagar, Lucknow.

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All the Judicial Officers posted in the Registry in Allahabad High Court and Lucknow Bench, Lucknow.

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The Member Secretary, U.P. State Legal Services Authority, III floor, Jawahar Bhawan, Annexe Lucknow.

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Section Officer, Admin. 'H' Section for compliance of guard file."

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(Emphasis supplied)"

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It will be open for the petitioner to make an appropriate application before the Court concerned who shall take notice of the circular issued by this Court and endeavour will be made to abide with the same.

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In light of the aforesaid, the petition is disposed of .

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Order Date :- 9.1.2024 Rakesh/-

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Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench

Rajneesh Kumar Tripathi v. Civil Judge Lucknow (Senior Division), Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Rajneesh Kumar Tripathi v. Civil Judge Lucknow (Senior Division), Lko. and 2 Others

Case brief

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