Allahabad High Court
Rajeev Kumar Jaiswal vs Raj Bahadur Lal Jaiswal And 7 Others on 2 January, 2024
Author: Ashutosh Srivastava
Bench: Ashutosh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:50 Court No. - 50 Case :- MATTERS UNDER ARTICLE 227 No. - 13169 of 2023 Petitioner :- Rajeev Kumar Jaiswal Respondent :- Raj Bahadur Lal Jaiswal And 7 Others Counsel for Petitioner :- Hari Narayan Shukla,Sunil Kumar Upadhyay Hon'ble Ashutosh Srivastava,J.
Heard Shri Hari Narayan Shukla, learned counsel for the petitioner.
Considering the nature of the order proposed to be passed notice upon the private respondents is hereby dispensed with.
Present petition, under Article 227 of the Constitution of India, has been filed seeking direction to the Civil Judge (Jr.Div), Garvi to decide the interim injunction application (6C) dated 16.8.2023 filed in Original Suit No. 213 of 2022 (Rajeev Kumar Jaiswal versus Raj Bahadur Lal Jaiswal and others) within the time frame fixed by this Court.
Learned counsel for the petitioner submits that the suit in question has been filed for permanent injunction. Along with the plaint of the aforesaid suit, an application seeking interim injunction application (Paper No. 6-C) was filed on which, the Court below directed for notices to be issued vide order dated 8.3.2022 requiring the presence of the defendants, being of the view that plaintiff/petitioner was not entitled for exparte injunction. Consequent to the notices issued, the defendants though have put in appearance, but have not filed any objection. He submits that earlier the case was directed to proceed exparte against the defendants. The order-sheet does not reflect as to whether the defendants have sought for recall of the order of the case to proceed exparte against it. Be that as it may, the interim injunction application (6-C) is pending consideration since 8.3.2023.
Learned counsel for the petitioner submits that purpose of filing the present petition would stand served if appropriate directions are issued to the Court below to consider and pass appropriate orders on the pending interim injunction application (6-C) within a time frame fixed by this Court.
Considering the totality of the circumstances and submissions advanced by learned counsel for the petitioner, this Court is of the opinion that ends of justice would stand subserved if directions are issued for expeditious disposal of interim injunction application (6-C).
Accordingly, the present petition is disposed of by requiring the Civil Judge (Jr.Div), Garvi seized with the 6-C application, filed in Original Suit No. 213 of 2022 (Rajeev Kumar Jaiswal versus Raj Bahadur Lal Jaiswal and others), to consider and pass appropriate orders on the same, expeditiously, preferably, on the next date fixed or within a period of three weeks from the next date fixed.
Order Date :- 2.1.2024 Ravi Prakash (Ashutosh Srivastava, J.)