Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 2907 of 2019 Petitioner :- Siddharth Kumar Jain And 2 Othrs Respondent :- Vishal Kumar Jain And 9 Others Counsel for Petitioner :- Udai Chandani,Aniruddh Kumar
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioners and perused the record.
Present petition has been filed with a prayer to direct the Additional Judge Small Causes Court, Varanasi to decide the Original Suit No. 1863 of 2012 (Siddharth Kumar Jain & others vs. Vishal Kumar Jain & others) within a stipulated period.
It was pointed out that interim injunction application is pending since 2013.
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.
It is further provided that the Additional Judge Small Causes Court, Varanasi shall expedite the hearing of the aforesaid original suit and decide the same on its own merit, in accordance with law, expeditiously, provided there is no legal impediment and no unnecessary adjournments shall be granted to the parties.
With the aforesaid observations, present petition stands disposed of. No order as to costs.
Order Date :- 30.4.2019 Abhishek