Partly allowed

Rasid Ali v. Civil Judge (Junior Division) Lko. and 4 Others

Allahabad HC19 Sept 2024A227/4471/2024

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad, Lucknow Bench, under Article 227, disposed of a petition seeking issuance of a direction for expeditious disposal of a temporary injunction application. The court directed striking out the Civil Judge as an opposite party and ordered the lower court to decide the injunction application after considering objections.

What did the court decide?

Direction to strike out the name of Civil Judge from the array of opposite parties and direct the Civil Judge to decide the application under Order 39 Rule 1 and 2 CPC expeditiously.

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

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Neutral Citation No. - 2024:AHC-LKO:64737

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Court No. - 19

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Case :- MATTERS UNDER ARTICLE 227 No. - 4471 of 2024

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Petitioner :- Rasid Ali

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Respondent :- Civil Judge (Junior Division) Lko. And 4 Others Counsel for Petitioner :- Ajeet Kumar Srivastava

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Ajeet Kumar Srivastava, the learned counsel for the petitioner and perused the records.

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By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has sought issuance of a direction to the Civil Judge (Junior Division), Musafirkhana, District - Sultanpur for expeditious disposal of application for temporary injunction pending in Original Suit No.79 of 2023.

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The petitioner has impleaded Civil Judge (Junior Division), Musafirkhana, District - Sultanpur as an opposite party no.1 to the petition whereas as per the law laid down by the Hon'ble Supreme Court in the case of Savitri Devi Vs. District Judge, Gorakhpur; (1999) 2 SCC 577 and in Jogendrasinhji Vijaysinghji v. State of Gujrat, (2015) 9 SCC 1 , the Civil Judge ought not to have been impleaded as an opposite party to the petition.

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Accordingly, the learned counsel for petitioner is directed to strike out the name of Civil Judge (Junior Division), Musafirkhana, District - Sultanpur from the array of opposite party and renumbered the remaining opposite parties.

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The opposite party no.2- Chandan Kumar has filed the suit for a decree of perpetual injunction and on 21.02.2023 i.e. the date of filing of the suit, the learned Civil Judge passed an ex parte ad interim order of temporary injunction, wherein it was

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also stated that in case, it comes to light that the plaintiff has concealed any fact, the order will become inoperative.

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The petitioner filed his written statement as well as objections against the application for temporary injunction, on 15.05.2023. Thereafter on two occasions, the petitioner has filed application for expediting hearing of the matter but in spite of expiry of the period of more than one year and four months after filing of objections, the ex parte order of temporary injunction continued to operate against the petitioner.

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In these circumstances, the instant petition is disposed of by issuing a direction to the learned Civil Judge (Junior Division), Musafirkhana, District - Sultanpur to decide the application under Order 39 Rule 1 and 2, after taking into consideration the objections filed by the petitioner against the same in Original Suit No.79 of 2023 expeditiously, in accordance with law, subject to cooperation of the petitioner and his counsel.

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[Subhash Vidyarthi, J.]

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Order Date :- 19.9.2024 KR

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

Rasid Ali v. Civil Judge (Junior Division) Lko. and 4 Others

Case brief

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Rasid Ali v. Civil Judge (Junior Division) Lko. and 4 Others

Case brief

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