Disposed¶9

Durga Dutta v. Chandra Pal and 2 Others

Allahabad HC23 Jan 2025A227/781/2025

Case brief

AI extract

What is this about?

Article 227 writ petition; Allahabad High Court; expedited disposal of pending temporary injunction application 6-C; Original Suit No. 1097 of 2015 (Durga Dutta vs. Chandra Pal and others); Civil Judge (Junior Division) Court No. 21 Shahganj; time-bound direction of two months; disposed at admission stage without counter affidavit or notice to private respondents; no adjudication on merits.

What did the court decide?

Direction to Civil Judge (Junior Division), Court No. 21, Shahganj to decide the temporary injunction application (6-C) filed in Suit No. 1097 of 2015 in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of the order. ¶9

Durga Dutta vs Chandra Pal and 2 Others — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

¶9

Issue for consideration

Whether the High Court should direct the Civil Judge (Junior Division), Court No. 21, Shahganj to decide the pending temporary injunction application (6-C) in Original Suit No. 1097 of 2015 (Durga Dutta vs. Chandra Pal and others) within a time frame fixed by the Court.

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Court's answer

As no useful purpose would be served in keeping the matter pending, the writ petition is disposed of at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon the Civil Judge (Junior Division), Court No. 21, Shahganj to decide the temporary injunction application (6-C) in Suit No. 1097 of 2015 in accordance with law, after hearing all affected parties, preferably within two months from the date of production of certified copy of the order.

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Ratio / Principle

It is made clear that the High Court has not adjudicated the matter on merits.

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Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Rohit Ranjan Agarwal, J.), MATTERS UNDER ARTICLE 227 No. - 781 of 2025, Order dated 23.1.2025 (Neutral Citation 2025:AHC:11928): Petitioner Durga Dutta sought a direction to the Civil Judge (Junior Division), Court No. 21, Shahganj to decide the temporary injunction application 6-C filed in Original Suit No. 1097 of 2015 (Durga Dutta vs. Chandra Pal and others), which was pending undecided. Finding no useful purpose in keeping the matter pending, the Court disposed of the writ petition at the admission stage, without calling for counter affidavit or issuing notice to the private respondents, directing the trial court to decide the 6-C application in accordance with law, after hearing all affected parties, preferably within two months from production of certified copy of the order. The Court expressly recorded that it had not adjudicated the matter on merits.

Durga Dutta v. Chandra Pal and 2 Others

Case brief

What is this about?

What did the court decide?

Durga Dutta v. Chandra Pal and 2 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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Parties & counsel

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