Heera Lal And Another vs Jai Shanker And 2 Others

Vivek Chaudhary, J

Heard learned counsel for the petitioners.

By the present petition, petitioners are praying for expeditious disposal of 6C application in Original Suit No. 1175 of 2022 (Computer No. F.N.-Civil Suit No. 1430 of 2022, CNR: UPDE060014362022) (Heera Lal and another Vs. Jai Shanker and 2 others) pending in the Court of Civil Judge, (J.D.), Room No. 10, Deoria, 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 since 18.05.2022, thus, it should be 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 petitioners, 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.