Allahabad High Court
Bindu vs Ram Pyare And 3 Others on 13 October, 2022
Author: Vivek Chaudhary
Bench: Vivek Chaudhary
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 8950 of 2022 Petitioner :- Bindu Respondent :- Ram Pyare And 3 Others Counsel for Petitioner :- Suresh Singh,Ritesh Singh Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the petitioner and learned counsel for the respondents.
Present petition is filed, claiming that application (7C) was filed by the petitioner/plaintiff under Order 39, Rule 1 C.P.C. in Suit No.74 of 2022 (Bindu and others Vs. Ram Pyare and another), which is pending in the court Civil Judge (S.D.), Gorakhpur.
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.
In view thereof, concerned Court is required to decide the injunction application of the petitioner, after hearing all the parties concerned, as expeditiously as possible, without any further delay. He 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.
(Vivek Chaudhary, J.) Order Date :- 13.10.2022 Arjun/-