Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 4645 of 2019 Petitioner :- Smt. Saroj Respondent :- Civil Judge (Jr. Div.), Kannauj And 7 Others Counsel for Petitioner :- Manoj Kumar Srivastava
Hon'ble Vivek Kumar Birla,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioner and perused the record.
Present petition has been filed seeking a direction to the respondent no. 1/Civil Judge (J.D.), Kannauj to decide Application under Order 39 Rule 1 and 2 CPC (Paper no. 6C-2) filed in Original Suit No. 402 of 2015, Smt. Saroj Vs. State of U.P. and others within a stipulated period. A further prayer to direct restraining the defendants-respondents not to dispossess and interfere in any manner in peaceful possession of the plaintiff - petitioner over the land in dispute till the disposal of Original Suit No. 402 of 2015, Smt. Saroj Vs. State of U.P. and others pending before respondent no. 1 has also been made.
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.