Allahabad High Court
Radhey Shyam vs Vijay Singh And 5 Others on 16 August, 2023
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:164738
Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 7956 of 2023
Petitioner :- Radhey Shyam
Respondent :- Vijay Singh And 5 Others
Counsel for Petitioner :- Devendra Kumar Misra
Hon'ble Prakash Padia,J.
1. The only prayer made in the present petition to direct the Court below to decide the injunction application being Paper No.6C filed in Original Suit No.274 of 2021 (Radhey Shyam Vs. Vijay Singh and others) expeditiously.
2. In view of the order proposed to be passed herein, no useful purpose would be served by putting the opposite party to notice and keeping this petition pending before this Court. However, in case the opposite party feels aggrieved by the order his/her right to seek modification/variation of the order is being kept reserved.
3. It is argued that the injunction application is still pending and the injunction is urgently required.
4. It is unfortunate that the application for injunction which was directed to be decided by this Court within six months as vide circular dated despite this the same is still pending consideration more than 13 years. The identical controversy has already been decided by a Coordinate Bench of this Court vide judgement and order dated 02.12.2022 passed in Matters Under Article 227 No.10994 of 2022 by a Coordinate Bench of this Court, which reads as follows :-
"Heard learned counsel for the petitioner.
By the present petition, petitioner is praying for expeditious disposal of 6C application in Suit No. 1420 of 2011 (Manjul Sharma Vs. M/s Gupta Firms and others) pending in the Court of Civil Judge, (J.D.), Gautam Budh Nagar, within stipulated period.
Learned counsel for the petitioner submits that property was transferred twice, and therefore, he had moved an application 68C on injunction against the subsequent purchaser also.
This Court has already directed all the subordinate courts to ensure disposal of interim injunction applications 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: Allahabad 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 the present case, admittedly the injunction application is pending for more than six months. It ought to have been decided under the administrative orders of this Court within a period of six months from the date of filing of the injunction application.
In view thereof, concerned Court is required to decide the 6C application along with 68 C application of the petitioner, after hearing all the parties concerned, as expeditiously as possible, without any unnecessary delay. He shall not fix a date in the matter of more than a week and shall not grant any unnecessary adjournment including on the ground of strike of lawyers. The case shall be taken up on day-to-day basis. In case the court concerned is unable to decide the injunction application on the given date, it shall record reasons for not being able to decide the injunction application.
With the aforesaid observations, the petition is disposed of."
5. In the facts and circumstances of the case and in view of the aforesaid judgment, the Court below before whom the aforesaid application is pending is directed to pass appropriate orders on the injunction application, most expeditiously and preferably within a period of two months but after hearing the parties concerned and without granting any unnecessary adjournment to any of the parties.
6. With the aforesaid observation, the petition is disposed of.
Order Date :- 16.8.2023
saqlain
