Allahabad High Court
Smt. Rashida Bano And Another vs Civil Judge (S.D.) District Sitapur ... on 22 December, 2023
Author: Rajnish Kumar
Bench: Rajnish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:85090 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 6472 of 2023 Petitioner :- Smt. Rashida Bano And Another Respondent :- Civil Judge (S.D.) District Sitapur U.P. And 3 Others Counsel for Petitioner :- Suyesh Pradhan Hon'ble Rajnish Kumar,J.
Sri Suyesh Pradhan learned counsel for the petitioners submits that the respondent nos.2 and 3 have filed Regular Suit no.185 of 2023 for specific performance and permanent injunction under Section 38 of the Specific Relief Act, 1963 against the petitioners and respondent no.4. An exparte interim injunction has been granted on 17.05.2023 by the Court of Civil Judge, (S.D) Sitapur and the notices were issued. After service of notice, the petitioners have put in appearance and filed objection against the application for interim injunction on 10.07.2023 and the written statement has also been filed but till date neither the objection has been considered nor the application for interim injunction filed by the respondent nos.2 and 3 has been disposed of till date, on account of which the petitioners are suffering.
He makes an innocuous prayer for a direction to concerned court to consider the application for interim application filed by the respondent nos.2 and 3 and objection filed by the petitioners and dispose of the same in a short time bound manner.
Considering the nature of order proposed to be passed, issuance of notices to opposite party nos.2 to 4 is dispensed with. The opposite party no.1 is the court concerned.
Without entering into merit of the case, the petition is disposed of with a direction to the court concerned to consider and dispose of the objection filed by the petitioners against the application for interim injunction along with the application filed by the respondent nos.2 and 3 expeditiously and preferably within a period three months from the date of production of certified copies of this order after affording opportunity to the parties in accordance with law and without granting any unnecessary adjournment to any of the parties.
( Rajnish Kumar,J.) Order Date :- 22.12.2023/Harshita