The High Court disposed of a writ petition seeking direction to the subordinate civil court to decide a pending temporary injunction application within two months.
Direction to the civil court to decide the pending temporary injunction application within two months
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| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
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| WPMS No. 3033 of 2022 Hon’ble Man oj Ku m ar Tiw ar i, J. |
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| Mr. Kamlesh Tewari, Advocate, |
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| holding brief of Mr. Rajat Mittal, |
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| Advocate for the petitioner. Petitioner is defendant in a suit, which is numbered as O.S. No. 26 of 2022 and is pending before learned Civil |
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| Judge (Junior Division), Vikasnagar, Dehradun. Learned trial Court passed an order of ex-parte temporary injunction in favour of petitioner, on 02.02.2022. |
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| Petitioner filed objection to the | |||
| temporary injunction application on |
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| 08.04.2022, however, the temporary | |||
| injunction application has not been disposed of so far. |
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| By means of this writ petition, | |||
| petitioner has sought the following reliefs: - “(i) To issue suitable order or direction directing the Learned Civil Judge (J.D.) Vikasnagar, Dehradun, to decide an application no. 6C2 filed by the plaintiff / respondent no.1 in O.S. No. 26 of 2022, “Shubhash Ali Versus Kasim Ali & Ors.” pending inthe court of Learned CivilJudge |
| (J.D.) Vikasnagar, Dehradun, as early as possible. (Annexure No.-2). (ii) To issue suitable order or direction directing the Learned Civil Judge (J.D.) Vikasnagar, Dehradun, may also be direct to decide a O.S. No. 26 of 2022, “Shubhash Ali v. Kasim Ali & Ors.” pending in the court of Learned Civil Judge (J.D.) Vikasnagar, Dehradun, as early as possible.” Having regard to the fact that the |
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| objection to the temporary injunction application was filed by the petitioner in |
| the month of April, 2022, writ petition is |
| disposed of with a request to the Court |
| concerned to decide the said application, |
| one way or the other, within two months |
| from the date of production of certified copy of this order. ( Man oj Ku m ar Tiw ar i, J.) 01.12.2022 Navin |
1 issue framed by the court
Whether the court should direct the civil court to dispose of the temporary injunction application within two months.
Kamlesh Tewari
Manoj Kumar Tewari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
