Allahabad High Court
Ram Sagar And Ors. vs Civil Judge S.D./F.T.C. Bahraich And ... on 19 September, 2022
Author: Abdul Moin
Bench: Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 27677 of 2019 Petitioner :- Ram Sagar And Ors. Respondent :- Civil Judge S.D./F.T.C. Bahraich And Anr. Counsel for Petitioner :- Nripendra Mishra Hon'ble Abdul Moin,J.
Heard learned counsel for the petitioners.
No notice need be issued to the private respondents taking into consideration the nature of order proposed to be passed.
Learned counsel for the petitioners contends that he has filed a supplementary affidavit on 22.10.2019 in term of order of this Court dated 01.10.2019. The Court has perused the supplementary affidavit.
By means of the present petition, the petitioner has approached this Court praying for a direction to respondent no.1 i.e. learned Civil Judge (Senior Division),/F.T.C, Bahraich to decide the injunction application bearing Injunction Application No. Ga-7 filed by the petitioner in Regular Suit No. 182 of 2018 Inre; Smt. Majula Pathak Vs. Ram Sagar expeditiously.
This Court has already directed to all the subordinate courts to ensure disposal of interim injunctions 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: Allhabad 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 view of the aforesaid directions of this Court and without entering into the merits of the case, it is expected that the respondent No.1 shall decide the injunction application of the petitioners or record reasons for not disposing the same.
However, the petitioner would be at liberty to move an application before the concerned Court pointing out the grounds of urgency. In the event, the petitioner does so, the concerned Court may consider whether the case should be expedited having regard to the urgency of the case.
With the aforesaid observations, the petition is disposed of.
Order Date :- 19.9.2022 Pachhere/-