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Allahabad High Court

LALTA PRASADversusRAJMANI URF RAJMANI AND 3 OTHERS

Decided

Holding

The High Court ordered the trial court to take up and decide the temporary injunction application within two months, directing prompt action.

Summary

The petitioner, Lalta Prasad, sought an expeditious disposal of his application for a temporary injunction filed in 2023 against the respondents. The High Court observed that the trial court had been fixing dates with long gaps of two to three months, often due to the presiding officer’s leave or other engagements, causing undue delay. The Court directed the trial court to take up the injunction application immediately, ensure that any objections are filed, and decide the matter within two months of receiving a certified copy of this order. The direction is subject to cooperation by the parties and their counsel. Consequently, the petition was disposed of with specific procedural instructions to the trial court.

Issues considered

  • Whether the trial court's delay in hearing the temporary injunction application warrants intervention for expeditious disposal.

Subjects

  • temporary injunction
  • expeditious disposal
  • procedural delay
  • Article 227
  • High Court

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     MATTERS UNDER ARTICLE 227 No. - 5402 of 2026

                                    Lalta Prasad
                                                                                                   .....Petitioner(s)
                                                                         Versus

                                    Rajmani Urf Rajmani And 3 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)              :   Vinay Kumar Singh Singraur
                                    Counsel for Respondent(s)              :

                                    Court No. - 5
                                                        HON'BLE KSHITIJ SHAILENDRA, J.

                                    1. Prayer for expeditious disposal of application for temporary injunction in
                                    Case No. 4552 of 2023 (Lalta Prasad vs. Rajmani @ Rajmani and others)
                                    has been made.

                                    2. Record indicates that dates are being fixed after a gap of 2-3 months and
                                    either the Presiding Officer is on leave or he is busy in inspection.

                                    3. The petition stands disposed of directing the trial court to immediately
                                    take up injunction application and after ensuring filing of objection thereon,
                                    the application shall be decided within two months from the date a certified
                                    copy of this order is produced before it, subject to cooperation by the parties
                                    and learned counsel representing them.



                                                                                           (Kshitij Shailendra,J.)
                                    April 23, 2026
                                    Kumar Manish




Digitally signed by :-
MANISH TRIPATHI
High Court of Judicature at Allahabad


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