Hon’ble Allahabad High Court while dealing with the petition here on 12-02-2019 in the case of “Smt. Saira Bano And 2 Others v. Mohd. Hasim And Another” stated that if there is a matter of alienation of the suit property matter must be decided as expeditiously as possible.

BRIEF FACTS OF THE CASE

The present petition was filed to issue a direction to the trial court to decide the temporary injunction application 6-C dated 27.11.2017 (Paper No.80-C) pending since the year 2017 in Original Suit No.378 of 2001 (Smt. Saira Bano & Ors. v. Mohd. Hasim & Ors.).

It was contended that the defendants are trying to alienate the suit property and, in case, they are allowed to do so, the entire suit pending for the period of more than 17 years would frustrate.

DECISION OF THE COURT

Hon’ble Court directed the trial court i.e. the Additional Civil Judge, (Junior Division)/F.T.C., Court No.16, Allahabad to decide the application dated 27.11.2017 (Paper No.80-C) pending in Original Suit No.378 of 2001 (Smt. Saira Bano & Ors. v. Mohd. Hasim & Ors.), as expeditiously as possible, preferably, within a period of two months from the date of submission of certified copy of this order, after giving due opportunity to the defendants to rebut the assertions made therein.

Read the full Judgement Here:

http://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=7001216