Heard learned counsel for the petitioner and to Sri S.H. Ibrahim, learned counsel for respondent Nos.2 to 4. By means of the present writ petition, the petitioner is challenging the order dated 07.08.2019. Grievance of the petitioner is that he filed Suit No.776 of 2019 along with an application under Order 39 Rule 1 and 2 CPC, wherein notices have been issued to the respondents but till date the application filed under Order 39 Rule 1 and 2 CPC has not been decided. I perused the order passed on 07.08.2019, which reflects that the objection on the 6?2 application has been invited by issuing notices to the parties. Learned counsel for the petitioner confined his submission to the extent that in case direction is issued for deciding the application 6?2 filed under Order 39 Rule 1 and 2 CPC in a time bound manner, ends of justice would be met. 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 16.8.2017 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, without interfering in the impugned order dated 07.08.2019, it is expected that the respondent No.1 shall decide the injunction application filed under Order 39 Rule 1 and 2 of Civil Procedure Code in Regular Suit No.776 of 2019; Nasimulla vs. Niyaz and others or record reasons for not disposing the same. With the aforesaid observations, the petition is disposed of.
Order Date :- 29.8.2019 Adarsh K Singh