Allahabad High Court
Jhinku Singh And 2 Others vs State Of U.P. And Another on 5 May, 2022
Author: Vipin Chandra Dixit
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3152 of 2022 Petitioner :- Jhinku Singh And 2 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Suresh Singh,Ritesh Singh Counsel for Respondent :- C.S.C.,Ashok Kumar,K.R. Singh Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the petitioners as well as Sri Triloki Singh, Advocate holding brief of Sri K.R. Singh, learned counsel for Gorakhpur Development Authority-respondent no.2 and perused the record.
Present petition under Article 227 of the Constitution of India has been filed seeking a direction to the Civil Judge(Senior Division), Gorakhpur to decide the application 7-C filed under Order 39 Rule 1 and 2 C.P.C. in Suit No.48 of 2021(Jhinku Singh and others vs. State of U.P. and another) within a stipulated time period.
It is submitted by learned counsel for the petitioners that the suit was filed by the petitioners for permanent injunction. Petitioners have also moved an application for interim injunction (Paper No.7-C) but the learned court below has only issued notices to the defendants and not granted ex-parte interim injunction in favour of the plaintiffs-petitioners. It is further submitted that defendants-respondents have put in appearance before the Court below but they did not file any objection to the interim injunction application 7-C. Without going into merit of the case, it is appropriate that the above interim injunction application (Paper No.7-C) be decided expeditiously.
In view of above, Civil Judge(Senior Division), Gorakhpur/Court concerned is directed to decide the interim injunction application (Paper No. 7-C) filed in Suit No. 48 of 2021(Jhinku Singh and others vs. State of U.P. and another) within three months from the date of production of certified copy of this order without granting adjournment unnecessarily to either of the parties, unless there is any legal impediment.
With aforesaid direction, the instant petition under Article 227 of the Constitution of India is finally disposed of.
For a period of three months or till disposal of interim injunction application (7-C) whichever is earlier, parties are directed to maintain status quo as on date in respect of property in suit.
Order Date :- 5.5.2022 P.P.