- Court
- High Court of Judicature at Allahabad
- Decided
- 7 November 2023
- Bench
- Saurabh Lavania
- Case no.
- 5729/2023
Judgment
Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5729 of 2023 Petitioner :- Sitarunisha Respondent :- Civil Judge (Junior Division) Balrampur And 3 Others Counsel for Petitioner :- Rayees Ahmad Khan Hon'ble Saurabh Lavania,J.
¶1Heard.
¶2In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with.
¶3Present petition has been filed for the following main reliefs:- "To directing the Court of Learned Civil Judge (J.D.) Balrampur to decide the application for temporary injunction Under order 39 Rule 1 and 2 C.P.C. pending in the Regular Suit NO.663 of 2022, in the name of Sitarunisha Vs Radha Devi and others within stipulated period as fixed by this Hon'ble Court."
¶4Learned counsel for the petitioner submits that the application seeking temporary injunction under Order 39 Rule 1 C.P.C. filed in the case, in issue, is pending since 14.12.2022 though as per the Circular No. C.L. No.24/Admin. G-II dated Allahabad 16.08.2017, issued by this Court, an application seeking temporary injunction should be decided within a period of six months.
¶5Taking note of the aforesaid as also Circular dated 16.08.2017, the present petition is disposed of with a direction to respondent No.1-Civil Judge (Junior Division) Balrampur to decide the aforesaid application pending in Case No. 663 of 2022, most expeditiously, after affording full opportunity of hearing to the parties to the litigation and without granting any unnecessary adjournment to either party preferably within a maximum period of six months from the next date fixed in the case, if there is no other legal impediment in this regard.
¶6It is made clear that the Court has not examined the case of either of the parties on merits and the authority/court concerned shall be free to decide the matter strictly in accordance with law.
¶7With the aforesaid observations, the petition is disposed of. Order Date :- 7.11.2023/Mohit Singh/- High Court of Judicature at Allahabad, Lucknow Bench
Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.