Smt. Shivkali Devi v. Ram Autar Pasi and 2 Others

Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 10618 of 2023 Petitioner :- Smt. Shivkali Devi Respondent :- Ram Autar Pasi And 2 Others Counsel for Petitioner :- Sanjay Pandey,Rakesh Kumar Mathur 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.6-C filed in Suit No.89 of 2010 (Shivkali Devi Vs. Ram Autar and others) 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 along-with the original suit, which was filed in the year 2010 an application for grant of interim protection being application No.6-C was filed but till date no decision has been taken on the same.

¶5It reveals from perusal of the orders contains in the order-sheet that the aforesaid application 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 :- 6.12.2023 Pramod Tripathi High Court of Judicature at Allahabad