Ved Prakash Mishra vs Distt Judge Gonda & Anr
2017 Latest Caselaw 4873 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 19
 
Case :- MISC. SINGLE No. - 23200 of 2017
 
Petitioner :- Ved Prakash Mishra
 
Respondent :- Distt Judge Gonda & Anr
 
Counsel for Petitioner :- Karunakar Srivastava
 

 
Hon'ble Vivek Chaudhary,J.

Power filed by Shri Nitin Srivastava, Advocate on behalf of opposite party no. 2 is taken on record.

A suit for injunction is filed by the petitioner against private respondent. Along with the plaint, he has also filed an application for injunction under Order 39 Rule 1 and 2 CPC. However, the said application has not been decided as yet and is pending till date.

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 respondent No.1 shall decide the injunction application of the petitioner expeditiously or record reasons for not disposing the same.

With the aforesaid observations, the petition is disposed of.

Order Date :- 22.9.2017

Arti/-

(Vivek Chaudhary,J.)