Jagdeep vs Arjun And 3 Others

Vivek Chaudhary, J

Heard learned counsel for the petitioner and learned counsel for the respondents.

By the present petition, petitioner is praying for expeditious disposal of 7C application under Order 39 Rule 1 and 2 C.P.C. dated 03.08.2022 in Suit No. 1190 of 2021 (Jagdeep and others Vs. Arjun and another) under Sections 10, 37, 38 of the Specific Relief Act, pending in the Court of Civil Judge, (J.D.), Gorakhpur, 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.

In view thereof, concerned Court is required to decide the injunction application of the petitioner on the next date fixed i.e. 02.11.2022, after hearing all the parties concerned. In case on that date the application is not decided, the court shall record reasons for not being able to decide the injunction application. Thereafter, the case shall be taken up on day-to-day basis and not grant any unnecessary adjournment including on the ground of strike of lawyers. The parties shall fully cooperate in early disposal of the case.

With the aforesaid observations, the petition is disposed of.