Rajesh Kumar vs Rajendr Akumar Saxena & Others
2012 Latest Caselaw 5871 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

A.F.R.
 

 
Court No. - 58
 

 
Case :- WRIT - C No. - 68140 of 2006
 

 
Petitioner :- Rajesh Kumar
 
Respondent :- Rajendr Akumar Saxena & Others
 
Petitioner Counsel :- Pramod K. Sinha
 

 
Hon'ble Sibghat Ullah Khan,J.

Heard learned counsel for the petitioner.

This is plaintiff's writ petition. Plaintiff alongwith plaint filed application for temporary injunction. Civil Judge (Junior Division), Rampur through order dated 31.1.2006 rejected the temporary injunction application. Against the said order plaintiff petitioner filed Misc. Appeal No.8 of 2006 which was dismissed by Additional District Judge, Court No.3, Rampur on 8.9.2006 hence this writ petition. In this writ petition on 14.12.2006 an order was passed directing the parties to maintain status quo on disputed rasta in question. No useful purpose will be served by disturbing the said order for few months.

Writ petition is disposed of with the direction to the trial court to decide the suit very expeditiously. No unnecessary adjournment shall be granted to the plaintiff-petitioner. If any adjournment is granted to him it shall be on heavy cost which shall not be less than Rs.500/- per adjournment payable before the next date failing which petitioner shall not be permitted to participate in the proceedings of the suit.

Until decision of the suit the parties are directed to maintain status quo in respect of rasta in question.

Before parting with the case it is essential to note a disturbing feature of the case. Trial court rejected the temporary injunction application in 15 closely typed pages discussing several authorities also. If the learned Civil Judge (Junior Division) consumed 15 pages in writing the judgment of temporary injunction application probably he would consume 40-50 pages in deciding the suit. Writing lengthy judgments particularly while deciding interim matters is the main cause of delay in disposal of the cases.

At the stage of deciding temporary injunction application sort of mini trial is not required. Such judgment shall not consume more than 2 or 3 pages. The court is only required to look into the three classical aspects of the matter while deciding temporary injunction i.e. primafacie case, balance of convenience and irreparable loss and injury.

Office is directed to send a copy of this order to the District Judge, Rampur to circulate the same to all the Judges in his Judgeship particularly the Civil Judges/Additional Civil Judges (Junior Division or Senior Division).

Registrar General is also directed to circulate the copy of this judgment to all the District Judges for further circulation to all the Judges of the District by the District Judge concerned subject to the approval of Hon'ble Chief Justice/Administrative committee.

Order Date :- 5.12.2012

RS