Neutral Citation No. - 2024:AHC-LKO:41551
Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 2737 of 2024
Petitioner :- Ram Awadh And Others
Respondent :- Mishrilal And Others
Counsel for Petitioner :- Santosh Singh
Hon'ble Alok Mathur,J.
1. Heard Sri Santosh Singh, learned counsel for the petitioner.
2. In view of the proposed order notice to private respondents is
dispensed with.
3. By means of the present petition under Article 227 of the
Constitution of India a prayer has been made for expeditious
disposal of petitioner's interim injunction application under
Order 39 Rule 1 and 2 CPC filed in Original Suit No. 419/2022
(Ram Awadh & Others Vs. Mishrilal and others), pending
before Civil Judge (Jr. Div.), Tanda, Ambedkar Nagar.
4. It is urged that though the matter is being listed but for one
reason or the other, the application for interim injunction under
Order 39 Rule 1 and 2 CPC is not being decided.
5. After arguing the matter at some length, learned counsel for
petitioner submits that trial Court may be directed to decide the
application under Order 39 Rule 1 and 2 CPC in a time bound
manner.
6. At this stage, no ground for urgency is made out by the
petitioner, hence, this Court is not inclined to interfere in the
matter under Article 227 of the Constitution of India. However,
liberty is granted to the petitioner to approach the trial Court
and move an appropriate application detailing urgency for
expeditious disposal of application under Order 39 Rule 1 and 2
CPC, within two weeks from opening of the court after summer
recess, and in case, if such an application is moved, the trial
Court shall consider and decide the same within three weeks
thereafter, and in case any case for urgency is made out by the
petitioner, it shall pass appropriate orders thereupon, in
accordance with law.
7. It is made clear that this Court has not examined the case of
either of the parties on merit and the Court concerned shall
decide the matter strictly in accordance with law.
8. With the aforesaid observations, the petition is disposed of.
(Alok Mathur, J.)
Order Date :- 31.5.2024/Ravi/
Digitally signed by :-
RAVI SHANKAR SRIVASTAV
High Court of Judicature at Allahabad,
Lucknow Bench