Ram Bachan Singh v. Mumtaj Ali and 8 Others

Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 11200 of 2023 Petitioner :- Ram Bachan Singh Respondent :- Mumtaj Ali And 8 Others Counsel for Petitioner :- Bhriguram Ji,Nilesh Kumar Dubey Hon'ble Prakash Padia,J.

¶1Learned counsel for the petitioner is permitted to make necessary correction in the writ petition.

¶2Heard learned counsel for the petitioner/petitioners and perused the record.

¶3The only prayer made by the petitioner in the present petition to direct the Court below to decide the injunction application being Paper No.6C filed in Original Suit No.302 of 2023 (Rambachan Singh Versus Mumtaj Ali and others) expeditiously.

¶4In view of the order proposed to be passed herein, no useful purpose would be served by putting the opposite party to notice and keeping this petition pending before this Court. However, in case the opposite party feels aggrieved by the order his/her right to seek modification/variation of the order is being kept reserved.

¶5It is argued by learned counsel for the applicant that the injunction is urgently required and considerable time has already been lapsed but till date the same is still pending.

¶6This Court has already directed all the subordinate courts to ensure disposal of interim injunction applications within six months failing which, they shall have to record reasons. The said direction was issued by the letter dated 16.8.2017 bearing No.CL No.24/Admn. G-II, dated Allahabad 16.8.2017 and same is quoted below:- "From,

Mohd.Faiz Alam Khan, HJS, Registrar General, High Court of Judicature at Allahabad To,

All the District & Sessions Judges,Subordinate to the High Court of Judicature at Allahabad. C.L. No. 24/Admin. 'G-II' Dated: Allahabad 16.08.17 Sub: Time bound disposal of interim injunction application. Madam/Sir,

Hon'ble Court has directed that all the subordinate courts must ensure to dispose of applications of interim injunction within six months, failing which they shall have to record reasons in the order-sheet. I am, therefore, directed to request you to circulate the instant direction amongst all the judicial Officers working under your supervision and control and to ensure strict compliance of the same in letter and spirit. Your faithfully, (Mohd. Faiz Alam Khan) No. 9770/Admin. 'G-II' Dated: Allahabad 16.08.2017"

¶7In the facts and circumstances of the case, the present petition is disposed of directing the court concerned to decide the aforesaid injunction application strictly in accordance with the circular No.CL No.24/Admn. G-II, dated Allahabad dated

16.8.2017. Order Date :- 9.11.2023 T.S. High Court of Judicature at Allahabad