Disposed¶10

Narendra Kumar Seth v. Ashok Kumar Bind and Another

Allahabad HC24 Feb 2025A227/1519/2025

Case brief

AI extract

What is this about?

Allahabad High Court (Court No.9), Rohit Ranjan Agarwal, J., order dated 24.2.2025 in Matters Under Article 227 No. 1519 of 2025 (Narendra Kumar Seth v. Ashok Kumar Bind and another). Keywords: Article 227; expeditious disposal of suit; direction to civil court; temporary injunction application pending; two-month timeline; third party interest; Suit No. 359 of 2024, Jaunpur; Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB); writ disposed of, no merits adjudication.

What did the court decide?

Direction to the trial court to decide the pending temporary injunction application in accordance with law, after hearing all affected parties, preferably within two months from production of a certified copy of the order; no adjudication on merits. ¶10

Narendra Kumar Seth vs Ashok Kumar Bind and Another — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the trial court (Additional Civil Judge (J.D.), New Court No.4, Jaunpur) should be directed to decide Case No.359 of 2024 (Narendra Kumar Seth Vs. Ashok Kumar and other) expeditiously. +2 more

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Ratio / Principle

The prayers made in the writ petition (expeditious disposal of Case No.359 of 2024 and restraint on creation of third party interest) cannot be granted in view of the Division Bench judgment of this Court in Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB).

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Key takeaways

The writ petition is disposed of with a direction that if the application for temporary injunction is still pending and undecided before the court below, the trial court shall make every endeavour to decide it in accordance with law, after hearing all affected parties, preferably within two months from the date of production of a certified copy of the order.ratio¶10
This Court has not adjudicated the matter on merits.obiter¶11

Detailed headnote1 paragraphs

Writ petition under Article 227 seeking (i) a direction to the Additional Civil Judge (J.D.), New Court No.4, Jaunpur to decide Case No.359 of 2024 (Narendra Kumar Seth Vs. Ashok Kumar and other) expeditiously, and (ii) restraint on the respondents from creating third party interest in the disputed land till disposal of the suit. Held: such prayers cannot be granted in view of the Division Bench judgment in Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB). On the petitioner's statement that a temporary injunction application was pending before the court below, the petition was disposed of with a direction to the trial court to decide that application in accordance with law, after hearing all affected parties, preferably within two months of production of a certified copy of the order. The Court expressly clarified that it had not adjudicated the matter on merits.

Narendra Kumar Seth v. Ashok Kumar Bind and Another

Case brief

What is this about?

What did the court decide?

Narendra Kumar Seth v. Ashok Kumar Bind and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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