The court has the power to direct a lower court to dispose of a case expeditiously.

Headnote:
Fact of the Case:

The petitioner filed a writ petition under Article 227 of the Constitution, praying for the expeditious disposal of an application for a temporary injunction pending before the Civil Judge (Sr. Div.), Agra.
Finding of the Court:

The court directed the trial court to consider and decide the pending application for a temporary injunction as expeditiously as possible, preferably within three months from the date of receipt of the certified copy of the order.
Issues: Delay in the disposal of the application for a temporary injunction.
Ratio Decidendi: The court held that the proceedings were being unnecessarily delayed and that the petitioner's rights were being prejudiced.
Final Decision: The court directed the trial court to dispose of the application for a temporary injunction as expeditiously as possible.

Court No. - 37

Case :- MATTERS UNDER ARTICLE 227 No. - 11936 of 2022

Petitioner :- Smt Leena Sarkar Ali

Respondent :- Smt Suchitra Singh And Another

Counsel for Petitioner :- S.M. Iqbal Hasan

Hon'ble Ajit Kumar,J.

Heard Sri S.M. Iqbal Hasan, learned counsel for the petitioner.

By means of this petition filed under Article 227 of the Constitution,

the petitioner has prayed for expeditious disposal of 27-C

application pending before the Civil Judge (Sr. Div.), Agra in Suit

No. 1479 of 2021 (Smt. Leena Sarkar Ali Vs. Smt. Suichitra Singh

and another) for grant of temporary injunction under Order-9 Rule-

1 CPC.

Learned counsel for the petitioner submits that the defendants of

this Suit has already put in appearance and have also filed their

written statement and it is submitted that the defendants have also

filed objection to his application moved for temporary injunction.

It is contended that proceedings are being unnecessarily delayed

for unjustifiable reasons and on the principle of justice delayed is

justice denied, rights and claims of petitioner are getting prejudiced.

In view of above, this writ petition stands disposed of with a

direction to the trial court concerned to consider and decide the

dispose of his pending 27-C application before the Civil Judge (Sr.

Div.), Agra in Suit No. 1479 of 2021 (Smt. Leena Sarkar Ali Vs.

Smt. Suichitra Singh and another) for grant of temporary injunction

as expeditiously as possible preferably within three months from the

date of receipt of certified copy of this order by giving full

opportunity of hearing to the parties concerned.

It is clarified that in the event, this order could not be carried out

within the time frame fixed for any technical reason, then for such

delay in disposal of the appeal and pendency thereof itself shall

ordinarily not be a ground sufficient enough to fasten the authority

concerned with personal liability of contempt.

Order Date :- 2.1.2023

n.u.

Digitally signed by :-

NASEEM UDDIN

High Court of Judicature at Allahabad