Hon’ble Allahabad High Court while dealing with the petition here on 15-03-2019 in the case of “Smt. Sumitra Dev v. Station House Officer And Another” stated that in case of long leave of the Presiding Officer, it is always open for the petitioner to move an appropriate application before the District Judge.
BRIEF FACTS OF THE CASE
This petition was filed to issue a direction to the trial court to decide pending application 25C2 in Original Suit No.288 of 2013 (Smt.Sumitra Devi vs. Smt. Nazmi Zubair).
With the aid of the order sheet of the said suit, brought by means of supplementary affidavit, it is sought to be submitted by learned counsel for the petitioner that the application dated 29.11.2017 moved by the petitioner for grant of temporary injunction could not be taken up on account of the fact that the court was vacant for a long time.
DECISION OF THE COURT
Hon’ble Court held that in case of long leave of the Presiding Officer, it is always open for the petitioner to move an appropriate application before the District Judge, Allahabad, who may do the needful in accordance with law.
Read the full Judgement Here-
http://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=7100607