Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 2944 of 2018 Petitioner :- Ganesh Dutta Respondent :- Civil Judge (Junior Division), Mathura And 3 Others Counsel for Petitioner :- Rajesh Dutta Pandey Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioners and perused the record.
At the very outset, learned counsel for the petitioner states that he is pressing only prayer no. 1 and other prayers may be ignored.
Present petition has been filed seeking direction to the respondent no. 1 to decide the interim injunction application (6C) in Suit No. 117 of 2018 (Ganesh Dutta vs.Sukhveer Singh and others).
This Court has issued a Circular Letter dated 16.8.2017, which is quoted as under:
"Through Registered Post/E-mail 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.
Yours faithfully, Sd/-
(Mohd. Faiz Alam Khan) No. /Admin.'G-II' Dated: Allahabad 2017.
Copy forwarded for information and necessary action to:
1. The Registrar, High Court of Judicature at Lucknow Bench, Lucknow.
2. P.S. to all the Hon'ble Judges at Allahabad and also at Lucknow Bench, Lucknow to place the same before their Lordships for kind perusal.
3. The Director, Judicial Training & Research Institute, Gomti Nagar, Lucknow.
4. All the Judicial Officers posted in the Registry in Allahabad High Court and Lucknow Bench, Lucknow.
5. The Member Secretary, U.P. State Legal Services Authority, III floor, Jawahar Bhawan, Annexe Lucknow.
6. Section Officer, Admin. 'H' Section for compliance of guard file."
(Emphasis supplied) As such no further direction is required for disposal of interim injunction application.
It is expected that the Court below shall follow the directions as noted above in its letter and spirit.
However, in the facts and circumstances of the case, in case the trial court finds that the defendants are delaying the disposal of the interim injunction application or creating any third party right, the application for grant of ex-parte injunction only till disposal of the interim injunction application may be considered, which is to be decided finally in the light of the abovenoted circular.
With the aforesaid observations, present petition stands disposed of. No order as to costs.
Order Date :- 30.4.2018 Lalit Shukla