Heard learned counsel for the petitioner.
On the issue involved in the present writ petition, I have heard learned counsel for the petitioner, no notice is required to be issued to the respondent Nos.2 and 3 as their interest would be well protected by the order proposed to be passed in the present writ petition. 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. pending in the Suit No.356/2019 (CNR No. UPLP050197622019) (Usman Ali Vs. Mohd. Safi & 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 suit for partition against the opposite party Nos.2 and 3 on 16.7.2019. The petitioner has also filed an application under Order 39 Rule 1 & 2 C.P.C., which is pending. Submission of learned counsel for the petitioner is that in case direction is issued to the opposite party No.1 to decide the application under Order 39 Rule 1 & 2 C.P.C., justice would be met. 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. pending in the Suit No.356/2019 (CNR No. UPLP050197622019) (Usman Ali Vs. Mohd. Safi & others) or record reasons for not disposing the same. With the aforesaid observations, the petition is disposed of.
Order Date :- 29.8.2019 Gautam