Ram Sagar Tiwari vs Ram Lakhan Yadav

Sibghat Ullah Khan, J.—It is a horrible state of affairs that Civil Judge (J.D.), City Jaunpur in O.S. No. 694 of 2010, Ram Lakhan Yadav v. Ram Sugar Tiivari granted ad interim injunction to the plaintiff respondent, which is being extended from date to date (at least 20 in number) and till date temporary injunction application has not been finally decided.

Learned District Judge shall look into the matter and guide the learned Presiding Officers of the Trial Courts regarding disposal of temporary injunction applications. The experience of the Court is that if ad interim injunction is granted, plaintiff delays disposal of temporary injunction application with impunity and if ad interim injunction is not granted, then defendant does the samething and thereafter temporary injunction application is not decided for years.

Writ petition is disposed of with the direction to the learned Presiding Officer of the Court concerned to decide the temporary injunction application very expeditiously. If on any date, plaintiff seeks adjournment, then ad interim injunction shall not be extended. This practice shall be followed in all the suits. Similarly if ad interim injunction is not granted ex parte and on the next date defendant seeks adjournment or does not appear, desirability of granting ad interim injunction shall be considered by the Court.