Jhinkauram v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue Lko. and 9 Others

Court No. - 3 Case :- WRIT - C No. - 9101 of 2023 Petitioner :- Jhinkauram Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko. And 9 Others Counsel for Petitioner :- Nitin Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J. Heard learned counsel for petitioner and learned Standing Counsel for State Admittedly the relief sought in the present writ petition is against private respondents for which petitioner's mother has already filed a suit bearing OS No.840 of 2012 before the Civil Judge (Junior Division), Ambedkar Nagar for injunction against private respondents. Along with the plaint, she has also filed an application for injunction under Order 39 Rule 1 and 2 read with Section 151 CPC. However, the said application has not been decided as yet and is pending till date. This Court has already directed to all the subordinate courts to ensure disposal of interim injunctions 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: Allhabad

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 spirt Yours faithfully, (Mohd. Faiz Alam Khan) No. 9770/Admin. 'G-II' Dated: Allahabad 16.08.2017" In view thereof, Civil Judge (Junior Division), Ambedkar Nagar is required to decide the injunction application of the petitioner, after hearing all the parties concerned, as expeditiously as possible, without any further delay. He shall not grant any unnecessary adjournment including on the ground of strike of lawyers. The case shall be taken up on day-to-day basis. In case the court concerned is unable to decide the injunction application on the given date, it shall record reasons for not being able to decide the injunction application. With the aforesaid observations, the petition is disposed of. Order Date :- 18.10.2023 Arti/- [Manish Kumar,J.] [Vivek Chaudhary,J.] High Court of Judicature at Allahabad, Lucknow Bench