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Allahabad High Court

Gopinath vs Amarnath And 6 Others on 29 May, 2024

Author: Ajit Kumar

Bench: Ajit Kumar





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:98149
 
Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 7129 of 2024
 

 
Petitioner :- Gopinath
 
Respondent :- Amarnath And 6 Others
 
Counsel for Petitioner :- Rajendra Prasad Tripathi
 

 
Hon'ble Ajit Kumar,J.
 

Heard learned counsel for the petitioners and perused the record.

By means of this petition under Article 227 of the Constitution, petitioners are seeking expeditious disposal of application being Paper No.- 6-C filed under Order XXXIX Rule 1 & 2 of C.P.C. in Original Suit No.- 327 of 2024 (Gopi Nath and another v. Amar Nath and others) pending before the court of Civil Judge (S.D.), Jaunpur.

Learned counsel for the petitioner submits that the notices have been issued to defendants- respondents but the defendants have not put in appearance.

In the circumstances, following directions are issued:

i). Since petitioner is pleading urgency in the matter of grant of temporary injunction, the trial court is directed to consider grant of interim relief pending disposal of stay application on the next date fixed or within the maximum period of 30 days from the date of production of certified copy of this order.
ii). After the opposite parties appear and file their objections, the court concerned shall dispose of the stay application itself finally giving opportunity of hearing to both the parties within a period of three months thereafter positively.

With the aforesaid observations and directions, this petition stands disposed of.

Order Date :- 29.5.2024 Atmesh