Disposed

Maha Shiv Shakti Siddhpeeth Trust,Lko. Thru. Treasurer Shyam Sundar Srivastava v. Civil Judge (Senior Division) Malihabad, Lko. and 2 Others

Allahabad HC23 Aug 2024A227/3882/2024

Case brief

AI extract

What is this about?

In a writ petition under Article 227, the court dispensed with notice and directed the Civil Judge, Malihabad, to dispose of an application for temporary injunction expeditiously without granting unnecessary adjournments to the defendants.

What did the court decide?

Direction to the learned Civil Judge to dispose of the application for temporary injunction expeditiously without unnecessary adjournments.

Maha Shiv Shakti Siddhpeeth Trust,Lko… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:57551

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Court No. - 19

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Case :- MATTERS UNDER ARTICLE 227 No. - 3882 of 2024

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Petitioner :- Maha Shiv Shakti Siddhpeeth Trust,Lko. Thru. Treasurer Shyam Sundar Srivastava Respondent :- Civil Judge (Senior Division) Malihabad, Lko. And 2 Others

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Counsel for Petitioner :- Har Bansh Singh

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Har Bansh Singh, learned counsel for the petitioner.

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Keeping in view the nature of relief sought in the writ petition, issuance of notice to the respondents is dispensed with.

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By means of the instant writ petition filed under Article 227 of the Constitution of India, the petitioner has sought issuance of a direction to the Civil Judge (Senior Division), Malihabad, Lucknow for expeditious disposal of his application for temporary injunction under Order 39 Rule 1 and 2 C.P.C. (Paper No.C-6).

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The petitioner had filed the aforesaid suit and the application under Order 39 Rule 1 C.P.C. on 18.03.2024, on which date the learned Civil Judge issued notice and summons to the defendants fixing 04.04.2024 for disposal of the application for temporary injunction (Paper No.C-6). On 19.4.2024, the learned Civil Judge held service of summons/notice on the defendant Nos.2 and 3. In spite of it, on subsequent dates fixed on 04.05.2024 and 03.07.2024, the learned Civil Judge granted time to the defendants for filing written statement and no order was passed on the application for temporary injunction.

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Keeping in view the aforesaid facts, the instant writ petition is disposed of by issuing a direction to the learned Civil Judge (Senior Division), Malihabad, Lucknow to disposed of the petitioner's application for temporary injunction under Order 39 Rule 1 and 2 C.P.C. (Paper No.C-6) filed in Regular Suit No.996 of 2024 expeditiously, without granting any unnecessary adjournment to any of the parties.

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[Subhash Vidyarthi,J.]

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Order Date :- 23.8.2024 -Amit K-

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

Maha Shiv Shakti Siddhpeeth Trust,Lko. Thru. Treasurer Shyam Sundar Srivastava v. Civil Judge (Senior Division) Malihabad, Lko. and 2 Others

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Maha Shiv Shakti Siddhpeeth Trust,Lko. Thru. Treasurer Shyam Sundar Srivastava v. Civil Judge (Senior Division) Malihabad, Lko. and 2 Others

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