High Court of Judicature at Allahabad
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Shree Prakash Tripathi v. State Of U.P.& Others - WRIT - C No. 26804 of 2006  RD-AH 9738 (17 May 2006)
Hon'ble Umeshwar Pandey, J.
Heard learned counsel for the petitioner.
The order under challenge has been passed by the in-charge Civil Judge whereby he has directed to put up the temporary injunction application (6-C) for disposal before the regular Presiding Officer of that court. The aforesaid order does not appear to be erroneous in any respect and any officer being incharge of a court is supposed to pass urgent and routine orders only and if the court below has not found any urgency in the application for temporary injunction and has directed to place it before the regular Presiding Officer, there is absolutely no error or defect in such order.
Learned counsel contends that the court of Civil Judge is vacant and the matter is not being heard.
In case, a particular court where the matter is pending, is lying vacant without Presiding Officer, the petitioner may move the District Judge for transfer of the suit to some running court.
The petition having no force is hereby dismissed.
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