DINESH KUMAR SINGH v. KRISHNA SHANKAR AND 6 OTHERS
Court: Allahabad High Court
Bench: VIVEK KUMAR BIRLA
Judgment date:
Case summary
Allahabad High Court judgment dated 2020-12-08. DINESH KUMAR SINGH v. KRISHNA SHANKAR AND 6 OTHERS. Read the judgment and case details on LawSphereX.
Judgment text
Court No. - 50 Case :- MATTERS UNDER ARTICLE 227 No. - 3655 of 2020 Petitioner :- Dinesh Kumar Singh Respondent :- Krishna Shankar And 6 Others Counsel for Petitioner :- Hriday Narayan Pandey Hon'ble Vivek Kumar Birla,J. Heard learned counsel for the petitioners and perused the record. Present petition has been filed with following prayer:- " I. To issue ad-interim stay order not to raise the construction of complex without passes on the spot. II. To issue a direction to court below i. e. Civil Judge (J. D. ), City Varanasi to decide the 6(C) Injunction application within stipulated period pending in Suit No. 1398 of 2016 (Prabhat Kumar Singh and others vs. Krishna Shankar and others). III. To issue stay order against the respondent First set not to interfere in raising the construction of the boundary on the Arazi No. 49 situated in the Mohalla- Sikraul, Pargana- Shivpur, Tehsil- Sadar, District- Varanasi. " This Court has already issued a Circular Letter dated 16. 8.
2017 for deciding interim injunction application, which is quoted as under: "Through Registered Post/E-mail From, Mohd. Faiz Alam Khan, HJS, Registrar General, High Court of Judicature at Allahabad. To, All the District & Sessions Judges, Subordinate to the High Court of Judicature at Allahabad. C. L. No. 24/Admin. 'G-II' Dated: Allahabad 16. 08. 17 Sub: Time bound disposal of interim injunction application. Madam/Sir Hon'ble Court has directed that all the subordinate courts must ensure to dispose of applications of interim injunction within six months, failing which they shall have to record reasons in the order sheet. I am, therefore, directed to request you to circulate the instant direction amongst all the Judicial Officers working under your supervision and control and to ensure strict compliance of the same in letter and spirit. Yours faithfully, Sd/- (Mohd. Faiz Alam Khan) No. /Admin. 'G-II' Dated: Allahabad 2017. Copy forwarded for information and necessary action to: 1.
The Registrar, High Court of Judicature at Lucknow Bench, Lucknow. 2. P. S. to all the Hon'ble Judges at Allahabad and also at Lucknow Bench, Lucknow to place the same before their Lordships for kind perusal. 3. The Director, Judicial Training & Research Institute, Gomti Nagar, Lucknow. 4. All the Judicial Officers posted in the Registry in Allahabad High Court and Lucknow Bench, Lucknow. 5. The Member Secretary, U. P. State Legal Services Authority, III floor, Jawahar Bhawan, Annexe Lucknow. 6. Section Officer, Admin. 'H' Section for compliance of guard file. " (Emphasis supplied) As such no further direction is required for disposal of interim injunction application. It is expected that the Court below shall follow the directions as noted above in its letter and spirit. With the aforesaid observations, present petition stands disposed of. No order as to costs. Order Date :- 8. 12. 2020 Aditya
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