Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 1551 of 2019 Petitioner :- Rama Shankar Respondent :- Saurav Kumar And 2 Others Counsel for Petitioner :- M J Akhtar
Hon'ble Vivek Kumar Birla,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioners and perused the record.
Present petition has been filed seeking quashing of the impugned order dated 4.12.2018 and 21.12.2018 passed in Suit No. 1881 of 2018 passed by the Judge (J.D.) Kasya, Kushinagar filed as Annexure-1 to the writ petition. A further prayer in the nature of mandamus staying the effect and operation of the impugned order dated 4.12.2018 and 21.12.2018 passed in Suit No. 1881 of 2018 passed by the Judge (J.D.) Kasya, Kushinagar has also been made.
By the impugned order dated 4.12.2018 the ex-parte interim injunction has been granted against the petitioner. The application Paper no. 16-C subsequently filed by the plaintiff pursuant to the interim order dated 4.12.2018 was allowed vide impugned order dated 31.12.2018. Learned counsel for the petitioner states that an application has been filed for vacating the interim order, however, the same has not been annexed.
There is no good ground to interfere in the impugned order as the petitioner has a remedy by way of filing stay vacation application in case the same has not already been filed, which shall be considered and decided in accordance with law by the trial court in the light of the Circular issued by this Court 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 :- 25.4.2019 p.s.