Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 4622 of 2019 Petitioner :- Nirjala Devi Respondent :- Civil Judge (Junior Division) And 2 Others Counsel for Petitioner :- Ranjeet Yadav
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 (Junior Division), Jaunpur to decide Application Paper no. 17Ga (for restraining the defendants not to interfere in the possession of the plaintiff- petitioners pending in Original Suit No. 1038 of 2017, Nirjala Devi Vs. Anroodh and another within a stipulated period.
Earlier the petitioner has approached this Court by filing Matters under Article 227 No. 366 of 2019, Nirjala Devi Vs. Civil Judge (Junior Division) and 2 others, which was disposed of vide order dated 7.2.2019,which is quoted as under:
"The prayer made in the present petition is to issue a direction to the court below namely Civil Judge, (J.D.) Jaunpur to decide application 17-Ga pending in Original Suit No.1038 of 2017 (Nirjala Devi Vs. Anroodh & another) within stipulated period.
Despite repeated queries made by the Court, learned counsel for the petitioner is not in a position to inform the date as to when the said application has been filed. Application 17-Ga filed as Annexure no.2 is not supported by any affidavit.
No positive direction as such can be given.
It is open for the petitioner to press the application before the court below before whom the application is pending.
Disposed of."
Ordinarily second petition with the same prayer would not be maintainable, however, on perusal of the abovenoted order I find that it is because of the reason that certain queries could not be answered by the learned counsel for the petitioner, the petition was dismissed. Now, with the present petition certified copies of the application Paper no. 17Ga have been annexed and the latest order-sheet dated 26.3.2019 indicates pendency of the same.
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 :- 29.5.2019 p.s.