Petitioner sought directions under Article 227 to expedite a pending order 39 Rule 2 CPC application in an original suit filed in 2023. The High Court directed the Trial Court to decide the injunction application within four weeks.
Directed the Civil Judge to decide the injunction application within four weeks from production of certified copy.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:70836
Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 4950 of 2024
Petitioner :- Suresh Upadhyay Respondent :- Jitendra Kumar Upadhyay Counsel for Petitioner :- Umesh Pratap Singh,Anju Tripathi,Ashutosh Tiwari,Saurabh Pathak
Hon'ble Pankaj Bhatia,J.
1 . Heard learned Counsel for the petitioner.
2 . The present petition has been filed with the following prayer:
"1. To direct the Civil Judge (Junior Division), Court No. 24, Sultanpur, to decide Application under order 39 Rule 1 & 2 C.P.C. Filed in O.S. No. 92/2023, Suresh Upadhyay versus Jitendra Kumar Upadhyay, expeditiously say within time framed period as directed by this Hon'ble court in the interest of justice."
3 . Considering the fact that the injunction application is pending since 2023, the concerned court below is directed to decide the abovesaid application in accordance with law with all expedition preferably within a period of four weeks from the date of production of a certified copy of this order.
4 . The writ petition is disposed off in above terms.
Order Date :- 22.10.2024 akverma
Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the lower court has been directed to dispose of an application for interim injunction pending since 2023 with expedition?
2 provisions across 2 enactments
Suresh Upadhyay
Jitendra Kumar Upadhyay
Pankaj Bhatia
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
