Court No. - 35
Case :- MATTERS UNDER ARTICLE 227 No. - 4929 of 2019
Petitioner :- Mohammad Imran Siddiqui
Respondent :- Kamal Ahmad
Counsel for Petitioner :- Harbansh Prasad Pandey
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Harbansh Prasad Pandey, learned counsel for the petitioner.
The present application under Article 227 of the Constitution of India has been filed with the following reliefs:
"(i) issue an order or direction, setting aside the impugned interim injunction order (vide Annexure No. 3 of the petition) dated 14.07.2017 passed by Civil Judge (Senior Division), Allahabad in Civil Suit No. 198 of 2017 (Kamal Ahmad vs. Mohd. Imran Siddiqui and others) (Annexure-3 to this petition) or keep the aforesaid interim injunction order (vide Annexure No. 3 of the petition) dated 14.07.2017 in abeyance till 11.07.2019.
(ii) issue an order or direction to the Civil Judge (Senior Division), Allahabad to decide the application (6-C) expeditiously as far as may be possible within the stipulated period or within 30 days as has been provided under Order 39 Rule 3(a) C.P.C."
The sole prayer of the petitioner is that his application for the vacation of interim injunction which is pending since 14.07.2017 be decided. A division Bench of this Court in the case of Ali Shad Usmani and others vs. Ali Isteba and others, 2015 (2) ADJ 250 (DB), passed in Civil Misc. Writ Petition No. 68168 of 2006, decided on 11th December, 2014 held that no direction can be issued to the court below. Para 2 of the said judgment is being quoted hereinbelow:
"2. We are not inclined to issue a direction for the expeditious hearing of a Civil Suit which is pending before the Civil Judge (Junior Division), District- Azamgarh. It would be most inappropriate to Court to entertain a writ petition under Article 226 and /or under Article 227 of the Constitution simply for the purpose of expediting the hearing of a suit. Such orders, if granted, place a class of litigants, who move the Court in a separate and preferential category whereas other cases which may be of similar or greater antiquity and urgency are left to be decided in the normal channel. Hence, any such direction may be issued with the greatest care and circumspection by the High Court otherwise the Civil Courts will be overburdened only with requests for expeditious disposal of suits, which have been expedited by the High Court. Most of the litigants cannot afford the expense of moving the High Court and would not, therefore, be in a position to have the benefit of such an order."
However, in the present case, as the application for vacation of interim injunction is pending since 2017, it is expected that the court below shall make endeavour to decide the same, expeditiously, preferably within a period of four months from the date of production of the certified copy of this order.
The application is accordingly disposed of.
Order Date :- 25.6.2019 V.S.Singh