Heard learned counsel for the petitioner.
No notice is required to be issued to the respondent Nos.2 to 7, as their interest would be well protected by the order proposed to be passed by this Court. The petitioner has approached to this Court for direction to the opposite party No.1 to decide the application under Order 39 Rule 1 & 2 C.P.C. as well as application under Section 151 C.P.C. pending in the Original Suit No.200/2019 (Sunil Kumar Vs. Akhilesh Kumar and others), expeditiously, which has not been decided as yet and is pending till date. Brief fact of the case is that the petitioner filed a regular suit for permanent injunction on 1.3.2019, which was registered as Original Suit No.200/2019 in regard to the property of the petitioner bearing house No.441 situated in Village Panigo/ Lalabazar, Pargana Manikpur, Tehsil Kunda, District Pratapgarh. Thereafter the petitioner filed application under Order 39 Rule 1 & 2 C.P.C. to restrain the opposite party No.2 to interfere in the property in question during the pendency of the suit. 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 opposite party No.1 shall decide the application under Order 39 Rule 1 & 2 C.P.C. as well as application under Section 151 C.P.C. pending in the Original Suit No.200/2019 (Sunil Kumar Vs. Akhilesh Kumar and others) or record reasons for not disposing the same. With the aforesaid observations, the petition is disposed of.
Order Date :- 26.8.2019 Gautam