Brigunath v. Mewa @ Mewalal

Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 10983 of 2023 Petitioner :- Brigunath Respondent :- Mewa @ Mewalal Counsel for Petitioner :- Chandra Prakash Misra,Prakash Sharma Hon'ble Prakash Padia,J.

¶1Heard learned counsel for the petitioner and perused the record.

¶2The 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 Suit No.1228 of 2013 (Mewa @ Mewalal Vs. Bhrigunath) expeditiously.

¶3In 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.

¶4It is argued by learned counsel for the petitioner that wholly illegally ex-parte injunction was granted in favour of the plaintiff-respondent by the trial court in Original Suit No.1228 of 2013 (Mewa @ Mewalal Vs. Bhrigunath). It is further argued that though various dates were fixed for final decision, which is also clear from perusal of the order sheet dated 27.02.2023, 20.03.2023, 03.04.2023 and

07.04.2023 but till date no final decision has been taken on the same.

¶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"

¶6Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the court below to consider and decide the aforesaid application strictly in accordance with law on the next date fixed in the matter after hearing all the parties concerned. If on account of any reason no orders were passed on the aforesaid date, the decision will be taken on the aforesaid application preferably within a period of one month from the next date fixed in the matter, thereafter, if there is no legal impediment. Order Date :- 2.12.2023 Pramod Tripathi High Court of Judicature at Allahabad