Heard learned counsel for the petitioner.
In view of the order proposed to be passed in the present writ petition, notice to the respondents is dispensed with. The present writ petition has been filed with the following prayer:
"(i). to command the learned Civil Judge (Junior Division), Bahraich to adjudicate the application for grant of temporary injunction under Order 39 Rule (1) & (2) read with section 151 C.P.C. filed in regular suit No.56 of 2016 Ram Pheran & Others Versus Maiku Lal & Others within time frame to be fixed by the Hon'ble Court and also further the parties of the suit to be commanded to maintain status quo till final adjudication of the aforesaid application in the interest of justice pending the present petition.
(ii) to issue any other suitable direction, or order which this Court may deem fit, just and proper, in the interest of justice. Submission of learned counsel for the petitioner is that the petitioner has filed Suit No.56 of 2016 in the Court of Civil Judge (Junior Division), Bahraich along with an application for grant of interim injunction under Order 39 Rule 1 and 2 CPC. He further submitted that in spite of best efforts of the petitioner, the injunction application filed by the petitioner has not been taken care of and till date the same is lying pending consideration. 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, 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 pending before respondent No.1 in Regular Suit No.56 of 2016; Ram Pheran and others Vs. Maiku Lal and others or record reasons for not disposing the same. With the aforesaid observations, the petition is disposed of.
Order Date :- 26.8.2019 Adarsh K Singh