Rakesh v. Sultan and 12 Others

Court No. - 1 Case :- MATTERS UNDER ARTICLE 227 No. - 9044 of 2023 Petitioner :- Rakesh Respondent :- Sultan And 12 Others Counsel for Petitioner :- Virendra Kumar Jaiswal,Jagdish Singh Hon'ble Jayant Banerji,J. Heard Shri V.K. Jaiswal, learned counsel for the petitioner. This petition has been filed seeking the following relief:- "i). Issue an order directing the learned Civil Judges (Junior Division) Gautam Buddha Nagar to decide interim injunction application (6C2) in O.S. No. 296/2023 within stipulated period granted by this Hon'ble Court." It appears that the aforesaid suit was filed for partition and for permanent injunction. The suit was instituted on 18.05.2023 and on that day, the summons were directed to be issued and the plaintiff was directed to take necessary steps. On the same day, the court bailiff was directed to go to the spot and submit the spot report before the due date or on 01.08.2023, and make a scale map. Under the facts and circumstances of the case, in case the defendants are duly served and represented, the trial court may consider the application for temporary injunction without granting any necessary adjournments to either of the parties, provided there is no legal impediment. The petition is, accordingly, disposed of. Order Date :- 21.11.2023 SK (Jayant Banerji, J.) High Court of Judicature at Allahabad