Allahabad High Court
Rita Thaker vs State Of U.P. Thru Prin. Secy. Home Civil ... on 17 August, 2023
Bench: Vivek Chaudhary, Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:54423-DB Court No. - 3 Case :- WRIT - C No. - 6985 of 2023 Petitioner :- Rita Thaker Respondent :- State Of U.P. Thru Prin. Secy. Home Civil Secrt. Lko. And Others Counsel for Petitioner :- Pritish Kumar,Mukteshwar Mishra,Poornendra Kumar Awasthi Counsel for Respondent :- C.S.C.,Himanshu Suryavanshi Hon'ble Vivek Chaudhary,J.
Hon'ble Manish Kumar,J.
Shri Sudeep Kumar, learned Advocate has put in appearance on behalf of Respondent Nos.5,6 and 7.
Heard learned counsel for the parties and perused the record.
After arguing at some length, learned counsel for the petitioner submits that by order dated 28.07.2023 injunction application of the petitioner is rejected by the Additional District Judge concerned in his appeal only at that stage. Thereafter, the circumstances have changed and in the given circumstances petitioner is also entitled to file another injunction application.
Learned counsel for petitioner submits that grievance of petitioner would be substantially met in case his second injunction application proposed to be filed before the appellate court is considered and decided in a time bound manner.
Shri Sudeep Kumar, learned counsel for the respondent has no objection to the same.
In view thereof, petitioner is permitted to file his second injunction application before the appellate court within a period of one week from today. The respondents in the appeal shall be entitled to file their reply to the said injunction application within a period of two weeks thereafter.
In case such injunction application is moved by petitioner, the appellate court shall consider and decide the said injunction application and any modification or other application related to the said injunction application in accordance with law by a reasoned and speaking order within a period of three months from the date a certified copy of this order along injunction application is placed before him.
It is made clear that this court has not applied itself on the merits of the case and all questions are left open to be considered and decided by the competent authority in accordance with law.
With the aforesaid directions, present writ petition is disposed of.
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[Manish Kumar,J.] [Vivek Chaudhary,J.] Order Date :- 17.8.2023 S. Kumar