Smt. Rekha Agarwal and Another v. Smt. Neeta Agarwal

Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 11589 of 2023 Petitioner :- Smt. Rekha Agarwal And Another Respondent :- Smt. Neeta Agarwal Counsel for Petitioner :- Mahendra Tripathi Hon'ble Prakash Padia,J.

¶1Heard learned counsel for the petitioner.

¶2In view of the order proposed to be passed, notices need not be sent to the respondent.

¶3This petition has been filed under Article 227 of the constitution of India praying for direction to the Court below to decide the interim injunction application (paper no. 8C) in Original Suit No.620 of 2023 (Smt. Rekh Agarwal and another vs. Smt. Neeta Agarwal), within a fixed time frame.

¶4It is argued that the injunction application is still pending and the injunction is urgently required.

¶5This 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"

¶6In view of the aforesaid circular and the fact that the interim injunction application is pending till date, the Court below before whom the aforesaid application is pending is directed to pass appropriate orders on the same in the light of the aforesaid circular.

¶7With the aforesaid observation, the petition is disposed of. Order Date :- 16.11.2023 S.K. High Court of Judicature at Allahabad