Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 4346 of 2019 Petitioner :- Shanker Sharan Respondent :- Shiv Prasad And 2 Others Counsel for Petitioner :- Ratnesh Kumar Jaiswal
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioners and perused the record.
Present petition has been filed seeking direction to the Civil Judge (J.D.), Mirzapur to decide 6C application of the petitioner filed in Original Suit No. 400 of 2018 within stipulated period.
A perusal of the order-sheet dated 10.1.2019 indicates that the court is lying vacant.
Learned counsel for the petitioner on instructions received from his client states that the file has been transferred to learned Additional Civil Judge (J.D.), IIIrd, Mirzapur and as such the court is available to decide interim injunction application 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 Lalit Shukla