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ALLAHABAD HIGH COURT
Sibghat Ullah Khan, J.
Ram Sagar Tiwari -Appellant
Versus
Ram Lakhan Yadav -Respondent
C.M.W.P. No. 1148 of 2013
Decided On : 24-04-2013
Injunction - Delay in Disposal - Court directs expeditious disposal of temporary injunction applications and prohibits extension of ad interim injunction if plaintiff seeks adjournment
Fact of the Case:
The Civil Judge granted ad interim injunction to the plaintiff, which was being extended multiple times without a final decision on the temporary injunction application.
Finding of the Court:
The court directed the learned District Judge to guide the Trial Courts on the disposal of temporary injunction applications and disposed of the writ petition with the direction to decide the temporary injunction application expeditiously.
Issues: Delay in disposal of temporary injunction applications and the practice of seeking adjournments to extend ad interim injunctions.
Ratio Decidendi: The court emphasized the need for expeditious disposal of temporary injunction applications and prohibited the extension of ad interim injunction if the plaintiff seeks adjournment.
Final Decision: The writ petition was disposed of with the direction to decide the temporary injunction application expeditiously and to follow the practice of not extending ad interim injunction if adjournment is sought by the plaintiff.
It is a horrible state of affairs that Civil Judge (J.D.), City Jaunpur in O.S. No. 694 of 2010, Ram Lakhan Yadav v. Ram Sugar Tiivari granted ad interim injunction to the plaintiff respondent, which is being extended from date to date (at least 20 in number) and till date tempo#31;rary injunction application has not been finally decided.
2. Learned District Judge shall look into the matter and guide the learned Presiding Officers of the Trial Courts regarding disposal of temporary injunc#31;tion applications. The experience of the Court is that if ad interim injunction is granted, plaintiff delays disposal of temporary injunction application with impunity and if ad interim injunction is not granted, then defendant does the samething and thereafter temporary injunction application is not decided for years.
3. Writ petition is disposed of with the direction to the learned Presiding Officer of the Court concerned to decide the temporary injunction application very expeditiously. If on any date, plaintiff seeks adjournment, then ad interim injunction shall not be extended. This practice shall be followed in all the suits. Similarly if ad interim injunction is not granted ex parte and on the next date defendant seeks adjournment or does not appear, desirability of granting ad in#31;terim injunction shall be considered by the Court.
Petition Disposed Of.
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