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2023 Supreme(All) 96

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MANISH MATHUR, J.
Akhil Bhartiya Nai Mahasabha (Nand Nagar) Devkali Thru. Sarvarahkar Rajesh Kumar Faizabad And Another - Petitioners
Versus
Civil Judge, Junior Division Faizabad And 9 Others – Respondents
Matters Under Article 227 No. 398 Of 2023
Decided On : 30-01-2023

Advocates Appeared:
For the Petitioner: Ganga Prasad Mishra, Abhinav Mishra.

Headnote:

Constitution of India, 1950 – Article 227 – Granted liberty – Provides for the power of superintendence over all Courts and Tribunals throughout the territory by the High Courts – Petition has been filed under Article 227 of Constitution of India seeking a direction to court concerned for expeditious disposal of application for temporary injunction filed in Regular Suit for declaration - It has been submitted that commission was issued and has also submitted its report - It is submitted that along with plaint, application for temporary injunction has also been filed which is pending consideration ever since although objections thereto has been filed by defendants – Held, Considering submissions advanced by learned counsel for petitioners and upon perusal of material on record, it appears that aforesaid suit for declaration has been filed by petitioners in which as has been submitted, application for temporary injunction is still pending consideration – It has been submitted that defendants have already put in appearance and have filed their written statement – Preferably within a period of six weeks from the date a copy of this order is brought on record of proceedings, in case there is no other legal impediment – Court shall also make endeavour to decide suit proceedings itself expeditiously, without granting any undue adjournments to either parties – Benefit of this order shall be available to petitioners only in case they cooperate in early disposal of proceedings – Petitioners are granted liberty to approach this Court again in case suit proceedings is not being decided within a period of one year from date a certified copy of this order is brought on record of proceedings - Petition stands disposed of.

JUDGMENT :

[Manish Mathur, J.]

1. Heard learned counsel for petitioners. In view of order being passed, notices to opposite parties stand dispensed with.

2. Petition has been filed under Article 227 of the Constitution of India seeking a direction to court concerned for expeditious disposal of application for temporary injunction filed in Regular Suit No.307 of 2005 for declaration. It has been submitted that commission was issued and has also submitted its report. It is submitted that along with plaint, application for temporary injunction has also been filed which is pending consideration ever since although objections thereto has been filed by defendants.

3. Learned counsel for petitioner submits that aforesaid Suit has been filed in year 2010 and at present is at the stage of evidence of plaintiff but since almost 13 years have passed direction is required for early disposal of the same.

4. Considering the submissions advanced by learned counsel for petitioners and upon perusal of material on record, it appears that aforesaid suit for declaration has been filed by petitioners in year 2005 in which as has been submitted, application for temporary injunction is still pending consideration. It has been submitted that defendants have already put in appearance and have filed their written statement.

5. In view of aforesaid, Civil Judge(Senior Division) F.T.C. Court No.9, Faizabad is directed to decide pending application for temporary injunction filed in Regular Suit No.307 of 2005 (Akhil Bhartiya Nai Mahasabha and another v. Rakesh Kumar Sharma and others) expeditiously, preferably within a period of six weeks from the date a copy of this order is brought on record of the proceedings, in case there is no other legal impediment. The court shall also make endeavour to decide the suit proceedings itself expeditiously, without granting any undue adjournments to either parties.

6. Benefit of this order shall be available to petitioners only in case they cooperate in early disposal of the proceedings.

7. Petitioners are granted liberty to approach this Court again in case the suit proceedings is not being decided within a period of one year from the date a certified copy of this order is brought on record of the proceedings.

8. With aforesaid observations, the writ petition stands disposed of.

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