Shushila Devi vs Jaibunissha And 5 Others
2023 Latest Caselaw 27726 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:193983
 
Court No. - 1
 
Case :- MATTERS UNDER ARTICLE 227 No. - 7741 of 2023
 
Petitioner :- Shushila Devi
 
Respondent :- Jaibunissha And 5 Others
 
Counsel for Petitioner :- Vivekanand Yadav
 

 
Hon'ble Jayant Banerji,J.

1. Heard learned counsel for the petitioner.

2. Learned counsel for the petitioner states that he is confining this petition to the prayer for expeditious disposal of the application 6C filed by the plaintiff-respondent no. 1, that is, for temporary injunction in respect of the suit property.

3. The contention of the learned counsel for the petitioner is that the defendant-petitioner and the plaintiff-respondent as well as the defendant-respondent second set are the vendees of an agricultural plot of land which was demarcated and transferred to them. It is contended that the suit has been filed seeking injunction simplicitor which is not maintainable under the facts and circumstances of the case given the judgment of a Full Bench of this Court in the case of Ram Padarath Vs. Second Addl. District judge, Sultanpur reported in 1989 (1) AWC 290. It is contended that under the circumstances, the ad-interim temporary injunction granted by the trial court as being extended from time to time cannot be done and therefore, the application 6C ought to be decided in view of the objections raised by the defendant-petitioner.

4. Under the circumstances, without entering into the merits of the case, this petition is disposed of with a request to the trial court to endeavour to decide the application for temporary injunction filed by the plaintiff-respondent first set without granting any unnecessary adjournment to either of the parties provided that the defendants have due notice and are afforded an opportunity of hearing and provided there is no legal impediment.

5. It is made clear that any observations made herein would not be construed as an opinion on merits of the case.

Order Date :- 9.10.2023

A. V. Singh

(Jayant Banerji, J.)