Allahabad High Court
Shree Shree 1008 Murti Shree Jankiraman ... vs Brij Lal And Another on 2 December, 2022
Author: Vivek Chaudhary
Bench: Vivek Chaudhary
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 10978 of 2022 Petitioner :- Shree Shree 1008 Murti Shree Jankiraman Dhanushdhari Sankatmochan Mandir Ranipur And Another Respondent :- Brij Lal And Another Counsel for Petitioner :- Shailendra,Rahul Singh Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the petitioner.
By the present petition, petitioner is praying for expeditious disposal of 6Ga-2 application in Original Suit No. 77 of 2021 (Shree Shree 1008 Murti Shree Jankiraman Dhanushdhari Sankatmochan Mandir and another Vs. Brij Lal and another) pending in the Court of Civil Judge, (J.D.), Jhansi, within stipulated period.
Learned counsel for the petitioner prays for expeditious disposal of the said application.
This Court has already directed all the subordinate courts to ensure disposal of interim injunction applications within six months failing which, they shall have to record reasons. The said direction was issued by the letter dated 16.8.2017 bearing No.CL No.24/Admn. G-II, dated Allahabad 16.8.2017 and same is quoted below:-
"From, Mohd.Faiz Alam Khan, HJS, Registrar General, High Court of Judicature at Allahabad To, All the District & Sessions Judges,Subordinate to the High Court of Judicature at Allahabad. C.L. No. 24/Admin. 'G-II' Dated: Allahabad 16.08.17 Sub: Time bound disposal of interim injunction application. Madam/Sir, Hon'ble Court has directed that all the subordinate courts must ensure to dispose of applications of interim injunction within six months, failing which they shall have to record reasons in the order-sheet. I am, therefore, directed to request you to circulate the instant direction amongst all the judicial Officers working under your supervision and control and to ensure strict compliance of the same in letter and spirit. Your faithfully, (Mohd. Faiz Alam Khan) No. 9770/Admin. 'G-II' Dated: Allahabad 16.08.2017"
In the present case, admittedly the injunction application is pending for more than six months. It ought to have been decided under the administrative orders of this Court within a period of six months from the date of filing of the injunction application.
In view thereof, concerned Court is required to decide the injunction application of the petitioners, after hearing all the parties concerned, as expeditiously as possible, without any unnecessary delay. He shall not fix a date in the matter of more than a week and shall not grant any unnecessary adjournment including on the ground of strike of lawyers. The case shall be taken up on day-to-day basis. In case the court concerned is unable to decide the injunction application on the given date, it shall record reasons for not being able to decide the injunction application.
With the aforesaid observations, the petition is disposed of.
Order Date :- 2.12.2022 Krishna* (Vivek Chaudhary,J.)