Aanad Shukla @ Avinash Shukla And 3 ... vs Smt. Indira Kumari Singh And 10 Others
2023 Latest Caselaw 33898 ALL

Allahabad High Court

Aanad Shukla @ Avinash Shukla And 3 ... vs Smt. Indira Kumari Singh And 10 Others on 5 December, 2023

Author: Prakash Padia

Bench: Prakash Padia

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:231398
 
Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 12115 of 2023
 

 
Petitioner :- Aanad Shukla @ Avinash Shukla And 3 Others
 
Respondent :- Smt. Indira Kumari Singh And 10 Others
 
Counsel for Petitioner :- Arvind Kumar Mishra,Ajay Kumar Yadav,Arvind Kumar Trivedi
 

 
Hon'ble Prakash Padia,J.
 

1. Heard learned counsel for the petitioner/petitioners and perused the record.

2. The only prayer made by the petitioner in the present petition to direct the Court below namely Civil Judge (Jr. Division), Mirzapur to pass an appropriate orders on injunction application filed by them in Original Suit No. 180 of 2023 (Anand Shukla and Others Vs. Indira Kumari Singh and another).

3. It appears from the perusal of record that notices were issued on the aforesaid application, objection were invited by the trial court vide judgment and order dated 16.02.2023, thereafter certain dates were fixed but till date no decision has been taken on the application.

4. 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"

5. In the facts and circumstances of the case, the present petition is disposed of directing the court concerned to decide the aforesaid injunction application strictly in accordance with the circular No.CL No.24/Admn. G-II, dated Allahabad dated 16.8.2017.

Order Date :- 5.12.2023

Vikram