LAWS(ALL)-2013-5-148

RAJENDRA Vs. CIVIL JUDGE

Decided On May 09, 2013
RAJENDRA Appellant
V/S
CIVIL JUDGE Respondents

JUDGEMENT

(1.) IT is shocking that ad interim injunction is being extended from date to date for more than five years during which period about fifty dates may have been fixed in Original Suit No.308 of 2007 Phool Kumari vs. Rajendra and others pending before Civil Judge (Junior Division), City, Jaunpur. Learned counsel for the petitioner states that 15.5.2013 is the next date fixed. Under no circumstances final consideration of and decision on temporary injunction application shall be delayed. The matter shall be heard on 15.5.2013. The learned Presiding Officer shall realise that it is nothing short of a torture upon the defendants to extend ad interim temporary injunction for five years and not deciding temporary injunction application finally. He must be careful in future. However, if due to unavoidable circumstances the case is adjourned on 15.5.2013 then on the next date the Temporary Injunction application shall positively be heard. If plaintiff seeks any adjournment on any ground or advocates are on strike on any date ad interim injunction shall not be extended and specific order must be passed that ad interim injunction is not extended. This practice shall be followed in all suits. Writ petition is disposed of. Office is directed to send a copy of this order to District Judge, Jaunpur to circulate the same to all the judges of his district.