This court disposed of the petition under Article 227 directing the trial court to decide a pending temporary injunction application within three months, subject to legal impediments and proper service of summons.
Direction to decide temporary injunction application within three months.
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Neutral Citation No. - 2025:AHC:18246
Court No. - 9
Case :- MATTERS UNDER ARTICLE 227 No. - 623 of 2025
Petitioner :- Malkhan Singh Respondent :- Shri Jaypal Singh And 14 Others Counsel for Petitioner :- Anshul Kumar Singhal
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the petitioner and perused the record.
This petition under Article 227 of the Constitution of India has been filed to direct the Additional Civil Judge (Senior Division) Court No. 10, Meerut to decide the temporary injunction application No. 6Ga2 pending in Original Suit No. 841 of 2020 (Malkhan Singh Vs. Shri Jaypal Singh and others) within a stipulated period of time.
It has been submitted by learned counsel for the petitioner that the petitioner is the plaintiff in pending civil suit seeking permanent injunction against defendant/respondents. The plaintiff/petitioner had filed an application 6Ga2 under Order 39 Rules 1 and 2 of C.P.C. Despite several dates fixed, no order on the application 6Ga2 could be passed till date.
Considering the overall facts and circumstances of the case, this petition is disposed of with a direction to the court concerned to conclude and decide the aforesaid 6Ga2 application strictly in accordance with law and after recording satisfaction regarding service of summons and after giving full opportunity of hearing to the appearing parties and subject to the cooperation of the petitioner as expeditiously as possible, preferably within a period of three months from the date of production of certified copy of this order, in case, there is no other legal impediment.
With the aforesaid direction, the writ petition is disposed of.
It is hereby clarified that this Court has not applied its mind to the claim of the petitioner on merit nor has made any observation in this regard.
Order Date :- 7.2.2025 Shivani
Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court can direct the trial court to decide a pending temporary injunction application within a stipulated period.
2 provisions across 2 enactments
Malkhan Singh
Shri Jaypal Singh
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
