Plaintiff in a pending injunction suit sought a direction to the Civil Judge to decide his interim injunction application under Order 39 Rules 1 and 2 CPC. The court directed decision within three months, without examining merits.
Direction to decide the 6-C application expeditiously, preferably within three months.
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Neutral Citation No. - 2025:AHC:18149
Court No. - 9
Case :- MATTERS UNDER ARTICLE 227 No. - 723 of 2025
Petitioner :- Matadeen Respondent :- Parvati Devi And 6 Others Counsel for Petitioner :- Santosh Kumar Shukla
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 seeking direction to the Civil Judge (Junior Division) Ghyanpur Bhadohi to decide the 6C application under Order 39 of C.P.C. in Suit No. 541 of 2024 filed by the Plaintiffs/Petitioners between (Matadeen and another Vs. Parvati Devi and others).
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 6-C under Order 39 Rules 1 and 2 of C.P.C. and the notices were issued on 22.05.2024. Despite several date fixed, no order on the application 6-C 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 6-C 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
Nisha
Digitally signed by :- nisha kumari High Court of Judicature at Allahabad
1 issue framed by the court
Whether the trial court could be directed to decide the pending interim injunction application under Order 39 Rules 1 and 2 CPC within a fixed timeframe.
2 provisions across 2 enactments
Matadeen
Parvati Devi
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
