High CourtsSingle Bench(2022) 11 AHC CK 0029

Vinay Kumar Seth vs Murahi Devi And 10 Others

Allahabad High Court · Decided on 17 November 2022

HON’BLE JUDGES
Vivek Chaudhary, J
CASE NUMBER
Matters Under Article 227 No. 10207 Of 2022

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Judgment

21 paragraphs · 372 words

Vivek Chaudhary, J

Heard learned counsel for the petitioner.

By the present petition, petitioner is praying for expeditious disposal of 6C application dated 15.09.2021 in Case No. 388 of 2021 (Vinay Kumar Seth Vs. Smt. Murahi Devi and others) pending in the Court of Civil Judge, (S.D.), Chandauli, District Chandauli, within stipulated period.

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 from the date of filing of the injunction application.

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 unnecessary 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.