Amit Kumar v. Smt.Manju Lata and 3 Others

Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 11419 of 2023 Petitioner :- Amit Kumar Respondent :- Smt.Manju Lata And 3 Others Counsel for Petitioner :- Ayush Kaushik Hon'ble Prakash Padia,J.

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

¶2It is argued by learned counsel for the petitioner that along with the Suit No.1098 of 2023 (Shri Amit Kumar Vs. Smt. Manju Lata and others), an application for grant of ad-interim injunction application was also filed. It is further argued that prima facie case has been made out for grant of interim injunction but an order was passed by the Court below on 28.09.2023 stating therein that this is not fit case for grant of ex-parte injunction without hearing the other side.

¶3In the supplementary affidavit, copy of the order-sheets of the aforesaid case is appended. It reveals from perusal of the same, notices upon the defendants of the aforesaid suit is deemed to be served. Thereafter vide order dated 20.11.2023, the next date fixed for disposal of the Application No.6C2 is 29.11.2023. It is argued that the next date fixed in the matter is 14.12.2023 and prays that the Court be directed to decide the aforesaid application 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.

¶5In the facts and circumstances of the case, the present petition is disposed of directing the Court below before whom the matter is pending to pass appropriate orders on the Application No.6C2 on the next date fixed in thematter, i.e., on 14.12.2023. If on account of any reason, the same could not be decided, the aforesaid application be decided within a period of one week thereafter but without granting any unnecessary adjournment to any of the parties, if there is no legal impediment.

¶6The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked. Order Date :- 13.12.2023 saqlain High Court of Judicature at Allahabad