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Rahmanul Huda & Others vs Tahir Hussain & Others

High Court Of Judicature at Allahabad|25 August, 2021

JUDGMENT / ORDER

Heard learned counsel for the petitioner and learned Standing Counsel for the State. Present petition is filed for a direction to be issued to Civil Judge (Junior Division), Balrampur to decide the suit for permanent injunction with application for interim relief under Order 39 Rules 1 and 2 in Case no.243 of 2020, which is pending before respondent no.1 and has not been decided till date. Learned counsel for the petitioner states that the application dated 10.07.2020 under Order 39 Rules 1 and 2 moved by the petitioner may be directed to be decided expeditiously. 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 the present case, admittedly the injunction application is pending for more than six months. It ought to have been decided under the administrative orders of this Court within a period of six months. In view thereof, the Court concerned is required to decide the injunction application, after hearing all the parties concerned, as expeditiously as possible without any further delay. In case it is not able to take up the case on a particular date, it shall record reasons for the delay in deciding the injunction application. With the aforesaid observations, the petition is disposed of.
Order Date :- 25.8.2021 Arti/-
(Vivek Chaudhary,J.)
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Title

Rahmanul Huda & Others vs Tahir Hussain & Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
25 August, 2021
Judges
  • Vivek Chaudhary