Smt. Meena Singh v. Learned Fast Track Court (Junior Division) Distt. Sultanpur and 6 Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5616 of 2023 Petitioner :- Smt. Meena Singh Respondent :- Learned Fast Track Court (Junior Division) Distt. Sultanpur And 6 Others Counsel for Petitioner :- Shiv Kumar Yadav Hon'ble Saurabh Lavania,J. Heard. In view of the order proposed to be passed by this Court, notice to the private-respondent(s) is dispensed with. Present petition has been filed for the following main relief:- "(I) Issue an order or direction, directing the opposite party no.1 to decide the application under Order 39 Rule 1 & 2 CPC (Interim Injunction) which is marked as Paper No.4Ga2 supported by an Affidavit marked as Paper No.5Ga2, in Regular Suit no.1144 of 2019 InRe: Smt. Meena Singh Vs. Sohanlal and others, which is annexed as Annexure No.3 within a stipulated time period fixed by this Hon'ble Court." Considering the period of pendency of the suit as also that the application seeking temporary injunction under Order 39 Rule 1 and 2 of CPC as also the Circular No.C.L. No.24/Admin. G-II dated Allahabad 16.08.2017, issued by this Court, which says that the application seeking temporary injunction should be disposed of within a period of six months, failing which, Presiding Officer is required to record reasons therefor, this Court is of the view that no fruitful purpose will be served in keeping this petition pending. Accordingly, present petition is disposed of with direction to respondent No.1-Fast Track Court (Junior Division), District-Sultanpur, to consider and decide the Application seeking temporary injunction preferred in Suit No.1144 of 2019, most expeditiously, after affording full opportunity of hearing to the parties, but without granting any adjournment to either of the parties preferably within a period of three months from the next date fixed in the case, if there is no other legal impediment. It is also expected that Trial Court that shall make all endeavour to decide the suit, in issue, expeditiously. It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 2.11.2023 Vinay/- High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench