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2021 Supreme(All) 1251
IN THE HIGH COURT OF ALLAHABAD (LUCKNOW BENCH)
Ajay Bhanot, J.
Ram Kewal - Appellants
Vs.
Civil Judge (J.D.) A. Nagar and Ors. - Respondent
Misc. Single No. 5378 of 2021
Decided On : 09-03-2021
For the Appellant : Rajesh Kumar Shukla
Fair and expeditious proceedings are essential in deciding applications for interim relief to prevent miscarriage of justice.
Headnote:
Interim Injunction - Ancestral Property - The court directed the trial court to decide the application for interim injunction under Order 39 Rules 1 and 2 of the C.RC in a partition suit within three months, maintaining status quo and ensuring fair proceedings.
Fact of the Case:
The petitioner filed a suit for partition of ancestral property and also applied for interim injunction to prevent the defendant from altering the property. The application for interim injunction had not been decided till the date of the judgment.
Finding of the Court:
The court directed the trial court to decide the application for interim injunction within three months, maintaining status quo and ensuring fair proceedings. It also emphasized the importance of expeditiously deciding such applications to prevent miscarriage of justice.
Issues: Delay in deciding the application for interim injunction, unilateral alteration of ancestral property by the defendant, and the need for fair and expeditious proceedings.
Ratio Decidendi: The delay in deciding an application for interim relief may cause miscarriage of justice, and fair and expeditious proceedings are essential in such cases.
Final Decision: The petition was finally disposed of with directions to the trial court to decide the application for interim injunction within three months, maintaining status quo and ensuring fair proceedings.
ORDER :
Ajay Bhanot, J.
1. The petitioner instituted a suit for partition of ancestral property between him and his brother who was arrayed as the sole defendant in the suit. The suit was registered as Civil Suit No. 132 of 2021 (Ram Kewal v. Dal Singar). An application for interim injunction registered as Application No. 7-C(2) under Order 39 Rules 1 and 2 of the C.RC. was also filed along with the plaint. The aforesaid application for interim injunction dated 30.01.2021 has not been decided till date.
2. The only prayer made by Sri Rajesh Kumar Shukla, learned counsel for the petitioner is that the application for interim injunction registered as Application No. 7-C(2) under Order 39 Rules 1 and 2 of the C.RC may be decided within a stipulated period of time.
3. Sri Rajesh Kumar Shukla, learned counsel for the petitioner further contends that the respondent/defendant is trying to alter the nature of the property by raising constructions. In case actions of the respondent/defendant go unchecked, the cause of action of the suit would stand extinguished and the remedy before the learned trial court/learned Civil Judge (Junior Division), Ambedkar Nagar would become illusory.
4. An application for interim relief has to be decided expeditiously by the learned trial court in accordance with law, since the delay in deciding such application will defeat its purpose and in many cases such delay may cause miscarriage of justice. Prima facie, this case appears to be one of that category. The plaint discloses that the disputed property is the ancestral property of the plaintiff and the defendant in the suit. The property has not been partitioned. The defendant/respondent is trying to unilaterally alter the nature of the property by erecting constructions.
5. Considering the facts of this case and the submission of the learned counsel for the parties, ends of justice will be subserved by issuing the following directions to the learned trial court/learned Civil Judge (Junior Division), Ambedkar Nagar, or before whom the interim injunction application is pending:
I. The learned trial court/learned Civil Judge (Junior Division), Ambedkar Nagar shall decide the application for interim injunction registered as Application No. 7-C(2) under Order 39 Rules 1 and 2 of the C.RC in Civil Suit No. 132 of 2021 (Ram Kewal v. Dal Singar) within a period of three months from the date of production of a computer generated copy of this order downloaded from the official website of the High Court of Judicature at Allahabad.
The computer generated copy of such order shall be self attested by the party concerned. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
II. The learned trial court/learned Civil Judge (Junior Division), Ambedkar Nagar, shall ensure that all parties to the lis are heard before any order is passed on the said application.
III. All parties to the lis are directed to cooperate in the proceedings before the learned trial court/learned Civil Judge (Junior Division), Ambedkar Nagar.
IV. In case any party does not cooperate in the proceedings before the learned trial court/learned Civil Judge (Junior Division), Ambedkar Nagar, or adopts dilatory tactics, the learned trial court/learned Civil Judge (Junior Division), Ambedkar Nagar, shall record a finding to this effect and proceed in accordance with law.
V. The learned trial court/learned Civil Judge (Junior Division), Ambedkar Nagar, shall not grant any unnecessary adjournment to the parties.
VI. In case any adjournment is granted in the interest of justice, the learned trial court/learned Civil Judge (Junior Division), Ambedkar Nagar, shall impose costs not below Rs. 5,000/- for each adjournment upon the party seeking adjournment.
VII. If necessary, the learned trial court/learned Civil Judge (Junior Division), Ambedkar Nagar, may proce
