The High Court disposed of the first appeal assailing the rejection of an interim injunction application, directing the subordinate court to dispose of the suit expeditiously without further adjournments, without adjudicating on merits.
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Court No. - 6
Case :- FIRST APPEAL FROM ORDER No. - 643 of 2019
Appellant :- Jagdish Prasad And Another Respondent :- Imran Ahmad And Ors. Counsel for Appellant :- Piyush Kumar Agarwal,Amresh Bahadur Singh Counsel for Respondent :- Zainul Abdin Ansari,Abdul Rashid
Hon'ble Rajnish Kumar,J.
Heard Shri Piyush Kumar Agarwal, learned counsel for the appellant.
None is present for the respondents.
This appeal has been filed assailing the order dated 02.12.2019 passed in Regular Suit No.108 of 2018; Jagdish Prasad and Another Vs. Imran Ahmad and Others, Civil Judge (Sr. Division), Malihabad, Lucknow, by means of which the application for interim injunction under Order-39, Rule-1&2 C.P.C. has been rejected mainly on the ground that the land in dispute is not a part of the land purchased.
Learned counsel for the appellant submits that during pendency of the suit the applicant filed an application for amendment in the description of property, which has been placed on record as annexure no.SA-1 to the supplementary affidavit filed by the appellant. The said application has been allowed by means of the order dated 22.03.2022, a copy of which has been placed on record as annexure no.S.A.-2 to the supplementary affidavit. Thus, the submission is that since the description of property has been corrected and suit is at the stage of additional written statement, a direction may be issued to the concerned court for expeditious disposal of the suit.
In view of above and without entering into the merit of the case, the appeal is disposed of with direction to the concerned court to dispose of the suit expeditiously in accordance with law without granting unnecessary adjournment to either of the parties.
...................................................................(Rajnish Kumar, J.) Order Date :- 4.10.2024 Haseen U.
Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench
Jagdish Prasad And Another
Imran Ahmad And Ors.
Rajnish Kumar
As recorded by the court registry
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