Allahabad High Court
Pappu Prajapati vs Civil Judge (Senior Division), Amroha ... on 1 December, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 66 Case :- MATTERS UNDER ARTICLE 227 No. - 3218 of 2020 Petitioner :- Pappu Prajapati Respondent :- Civil Judge (Senior Division), Amroha And 2 Others Counsel for Petitioner :- Charan Singh Hon'ble J.J. Munir,J.
Learned counsel for the petitioner submits that the petitioner has instituted a suit for a declaration that the plaintiff is the owner of the suit property shown in Schedule Kha to the plaint on the basis of the will dated 16th August, 1982 executed in his father's favour by the late Ram Kuwar. He has further prayed for a permanent injunction restraining the defendants, their servants and associates from interfering with the plaintiff's possession over the suit property, detailed in Schedule Kha. A temporary injunction application has been made to protect his possession of the suit property pending suit. It is argued that the Trial Court has issued notice on the temporary injunction application on 06.11.2019, and, thereafter the proceedings are lingering on. The temporary injunction application has not been decided.
A temporary injunction application ought to be disposed of promptly, whether ad interim injunction is granted or not. In their nature interim injunction proceedings are inherently urgent.
Considering the nature of the order that this Court proposes to pass, notice to respondent nos. 2 and 3 is dispensed with. However, in case the said respondents still feel aggrieved by the order made today, it will be open to them to make an application in the decided matter.
In the circumstances, it is ordered that the Civil Judge (Senior Division), Amroha before whom Original Suit No. 513 of 2019, Pappu Prajapati vs. Faizal and another is pending, shall proceed to decide the temporary injunction application within a period of six weeks from the date of communication of this order and shall ensure service well within the time upon the defendants.
This petition is disposed of in terms of the aforesaid orders.
Let this order be communicated to the learned Civil Judge (Senior Division), Amroha through the learned District Judge, Amroha by the Joint Registrar (Compliance) within 72 hours.
Order Date :- 1.12.2020 BKM/-