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ALLAHABAD HIGH COURT
Sibghat Ullah Khan, J.
Azad Ahmad -Appellant
Versus
Civil Judge (J. D.), Sant Kabir Nagar and Others -Respondent
C.M.W.P. No. 1338 of 2013
Decided On : 09-05-2013
Injunction - Delay in Hearing Temporary Injunction Application - The court directed the trial court to hear the temporary injunction application finally and not to extend the ad interim injunction order if the plaintiffs seek adjournment or if there is a strike of advocates. This practice was to be followed in all suits, and the District Judge was directed to circulate the order to all judges in the district and take remedial steps for pending temporary injunction applications.
Fact of the Case:
The petitioner, a defendant in a pending suit, sought relief due to the constant extension of ad interim injunction orders, with more than 50 dates fixed and the next date set for 25.5.2013.
Finding of the Court:
The court directed the trial court to hear the temporary injunction application finally and not to extend the ad interim injunction order if certain conditions were met. The District Judge was also directed to circulate the order and take remedial steps for pending temporary injunction applications.
Issues: Delay in hearing temporary injunction application, constant extension of ad interim injunction orders, and lack of final decisions on such applications.
Ratio Decidendi: The court emphasized the need for timely resolution of temporary injunction applications and directed specific measures to prevent constant extensions and delays.
Final Decision: The writ petition was disposed of, with directions to the trial court and the District Judge to ensure timely resolution of temporary injunction applications.
Petitioner is defendant in Original Suit No.475 of 2009 Mohd. Ali and another vs. Azad Ahmad and another which is pending before Civil Judge (Junior Division), Sant Kabir Nagar. Ad-interim injunction was granted to the plaintiffs on 28.7.2009. The said adinterim injunction order is constantly being extended from date to date. More than 50 dates have been fixed. This is shocking state of affairs. It is reported that 25.5.2013 is the next date fixed. Trial court is directed to hear the temporary injunction application finally on 25.5.2013. However, if it is not possible then it shall positively be heard on the next date. If on any date plaintiffs seek adjournment in any form (by filing any sort of application) or there is strike of advocates ad interim injunction order shall not be extended. This practice shall be followed in all the suits. Learned District Judge is directed to immediately circulate this order to all the judges of his district. Learned District Judge is also directed to ascertain that in how many suits temporary injunction applications have not finally been decided for three years and remedial steps in this regard shall be taken and intimated to Hon'ble Administrative Judge.
2. Writ petition is disposed of.
3. Office is directed to send copy of this order to District Judge, Sant Kabir Nagar.
4. Copy of this order may also be placed before Hon'ble Administrative Judge of Sant Kabir Nagar for his Lordships perusal.
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