Heard.
Learned counsel for the petitioner, after arguing at some length, confines his prayer that the respondent no.1, i.e. Civil Judge, Junior Division, Balrampur be directed to decide the application of interim relief which is said to be pending for consideration since 29.02.2020, which has been filed in Civil Suit No.126 of 2020 in re:- Braj Mohan Vs. Rojan Ali. No notice is required to be issued to the respondent no.2 as his interest would be well protected by the order proposed to be passed by this Court. A suit for injunction was filed by petitioner in the year 2020. Along with the plaint, he had also filed an application for injunction under Order 39 Rule 1 and 2 C.P.C. However, the said application has not been decided as yet and is pending till date. This Court has already directed to all the subordinate courts to ensure disposal of interim injunctions within six months failing which, they shall have to record reasons. The said direction was issued by the letter dated 16.08.2017 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: Allhabad 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 view of the aforesaid directions of this Court, it is expected that the respondent No.1 shall decide the injunction application or record reasons for not disposing the same. It is also provided that in case the petitioner has any urgency, it would be open for him to move an application for expeditious disposal of the temporary injunction application which shall be considered in accordance with law by the Court concerned. With the aforesaid observations, the petition is disposed of.
Order Date :- 11.2.2021 Anand Sri./-