High CourtsSingle Bench(2022) 11 AHC CK 0051

Dayanand Public School Through Its Manager Madhu Chopra vs Suresh Chandra Pandey And 15 Others

Allahabad High Court · Decided on 30 November 2022

HON’BLE JUDGES
Vivek Chaudhary, J
RESULT
Disposed Of
CASE NUMBER
Matters Under Article 227 No. 10888 Of 2022

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Judgment

21 paragraphs · 385 words

Vivek Chaudhary, J

Heard learned counsel for the petitioner.

By the present petition, petitioner is praying for expeditious disposal of 6C application in Original Suit No. 935 of 2021 (Dayanand Public School Vs. Suresh Chandra Pandey and others) pending in the Court of Civil Judge, (J.D.), Court No.15, Mirzapur, within stipulated period.

Learned counsel for the petitioner pray 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 petitioner, 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.