Dismissed

Smt Shahjahan Begum v. Aswani Kumar Mishra

Allahabad HC15 Jul 2024FAFO/313/2024

Case brief

AI extract

What is this about?

The High Court disposed of a first appeal against an ex-parte interim injunction. It remanded the matter to the trial court to expedite the injunction application with opportunities of hearing within two months, directing parties to maintain status quo.

What did the court decide?

Directing the trial court to expedite the interim injunction application within two months and maintain status quo on the suit property.

Smt Shahjahan Begum vs Aswani Kumar Mishra — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:112713

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Court No. - 35

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Case :- FIRST APPEAL FROM ORDER No. - 313 of 2024

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Appellant :- Smt Shahjahan Begum Respondent :- Aswani Kumar Mishra Counsel for Appellant :- Anuruddh Chaturvedi Counsel for Respondent :- Arun Kumar

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Hon'ble Vipin Chandra Dixit,J.

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Heard Sri H.R. Mishra, learned Senior Advocate assisted by Sri Anuruddh Chaturvedi, learned counsel for appellants, Sri Arun Kumar, learned counsel appearing for plaintiffs-respondents and perused the record.

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This first appeal from order has been filed by the defendantsappellants under Order 43 Rule 1(r) C.P.C. against the order dated 26.5.2023 passed by Civil Judge (S.D.), Gorakhpur in Case No.470 of 2023 (Ashwani Kumar Mishra Vs. Smt. Shahjahan Begum and others), by which ex-parte injunction has been granted in favour of plaintiffs-respondents.

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It is submitted by learned Senior Advocate appearing on behalf of defendants-appellants that the plaintiffs-respondents have concealed the material facts before the trial court and the trial court without recording any finding in respect of prima-facie case in favour of plaintiffs-respondents, has granted ex-parte interim injunction in favour of plaintiffs-respondents.

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On the other hand, learned counsel appearing on behalf of plaintiffs-respondents submits that trial court after considering the prima-facie case in favour of plaintiffs, has granted injunction order in their favour vide order dated 26.5.2023.

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In view of above, no useful purpose will be served in keeping the appeal pending. Defendants-appellants are directed to file objection to the interim injunction application (Paper No.7C) within 15 days from today.

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The first appeal from order is disposed off directing the trial court i.e. Civil Judge (S.D.), Gorakhpur to expedite the proceedings and to decide the interim injunction application filed under Order 39 Rule 1 and 2 C.P.C. (Paper No.7C) expeditiously in accordance with law after providing reasonable opportunities of hearing to the parties concerned, preferably within a period of two months from

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the date of production of certified copy of this order, without granting undue adjournments to either of the parties, unless there is any legal impediment.

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Till disposal of injunction application (Paper No.7C), the parties are directed to maintain status quo as on date in respect of suit property.

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Order Date :- 15.7.2024 Kpy

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Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad

Smt Shahjahan Begum v. Aswani Kumar Mishra

Case brief

What is this about?

What did the court decide?

Smt Shahjahan Begum v. Aswani Kumar Mishra

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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