Santosh Kumar vs Additional Civil Judge (J.D.)/Jm ...
2013 Latest Caselaw 1378 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?AFR 
 
Court No. - 4
 
Case :- MATTERS UNDER ARTICLE 227 No. - 1187 of 2013
 
Petitioner :- Santosh Kumar
 
Respondent :- Additional Civil Judge (J.D.)/Jm Iii And Another
 
Petitioner Counsel :- Shachindra Mishra
 

 
Hon'ble Sibghat Ullah Khan,J.

It is a horrible state of affairs that in O.S. no.387 of 2009 Nihal Singh Vs. Udaiveer which is pending before Additional Civil Judge (J.D.), Court no.3, Hathras ad interim injunction granted in favour of the plaintiff is being extended from date to date. It appears that more than 20 dates have been fixed and on every date ad interim injunction has been extended.  It gives a very bad impression as if the courts are doing nothing but extending ad interim injunction orders. Two or three such extensions are understandable but repeated orders of such type give an impression that the situation requires improvement. Learned District Judge Hathras is directed to look into the situation in his District.  It is reported that 3.5.2013 is the next date fixed. The trial court shall make all efforts to hear the temporary injunction application  finally on the said date.

It is directed that if on a single date plaintiff seeks adjourment or advocates are on strike ad interim injunction shall not be extended. This practice shall be followed in every suit. Writ petition is disposed of.

Order Date :- 26.4.2013

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