Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 4677 of 2019 Petitioner :- Narendra Pratap Singh Respondent :- Kaustubh Prasad And 5 Others Counsel for Petitioner :- Suresh Singh
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and perused the record.
Present petition has been filed seeking a direction to the Civil Judge (S.D.), Gorakhpur to decide Application 37G under Order 39 Rule 1 and 2 CPC dated 18.4.2019 in Suit No. 352 of 2015, Narendra Pratap Singh Vs. Kaustubh Prasad and others under Section 31 of Specific Relief Act expeditiously. A further prayer in the nature of mandamus restraining the defendant respondents to transfer or alienate the shops situated in disputed property during pendency of the Suit No. 352 of 2015 has also been made.
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.
With the aforesaid observations, present petition stands disposed of. No order as to costs.
Order Date :- 31.5.2019 p.s.