Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 4713 of 2019 Petitioner :- Gautam Agarwal Respondent :- Civil Judge And 2 Others Counsel for Petitioner :- Nipun Singh
Hon'ble Vivek Kumar Birla,J.
Heard Sri Amit Saxena, learned Senior Counsel assisted by Sri Nipun Singh, learned counsel for the petitioner and perused the record.
Present petition has been filed for setting aside the order dated 24.5.2019 passed by the Civil Judge (S.D.), Meerut in Original Suit No. 430 of 2019 (Gautam Agarwal vs. Gagan Agarwal and another). Further prayer has been made seeking direction to the Civil Judge (S.D.), Meerut to decide injunction application filed by the petitioner in Original Suit No. 430 of 2019 (Gautam Agarwal vs. Gagan Agarwal and another) within stipulated period.
The impugned order is purely interlocutory in nature. By the impugned order notices have been issued to the opposite party by recording prima facie satisfaction that the plaintiff and defendant appears to be co-owners.
I do not find any good ground to interfere in the order impugned herein.
However, 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.
The petitioner is at liberty to move application for expeditious disposal of the injunction application on the next date, which shall be considered by the court below on the next itself on its own merits.
It is made clear that this Court has not examined the claim of the petitioner on merits.
With the aforesaid observations, present petition stands disposed of. No order as to costs.
Order Date :- 30.5.2019 Lalit Shukla