Natthu Lal @ Hari Kishan v. Mohd. Zareef Shamshi @ Zareef Shamshi

Court No. - 1 Case :- MATTERS UNDER ARTICLE 227 No. - 7689 of 2023 Petitioner :- Natthu Lal @ Hari Kishan Respondent :- Mohd. Zareef Shamshi @ Zareef Shamshi Counsel for Petitioner :- Mohammad Sadab Khan,Mohd. Ashraf Hon'ble Jayant Banerji,J.

¶1Heard learned counsel for the petitioner.

¶2This petition has been filed by the defendant-petitioner seeking expeditious disposal of Original Suit No.323 of 2020 (Mohd. Zareef Shamsi @ Zareef Shamsi vs. Natthu Lal @ Hari Kishan & Ors.) pending in the Court of Civil Judge (Junior Division), City, Bareilly.

¶3It is stated that the plaintiff-respondent had filed a suit for permanent injunction in respect of the shop in dispute and the appellate court had granted an injunction to the plaintiff-respondent in a miscellaneous appeal and thereafter the injunction is continuing and the petitioner-defendant is being put to loss.

¶4A perusal of the order-sheet reveals that issues are yet to be framed.

¶5Under the circumstances, in case both the defendants have been duly served with the summons and a written statement is on record, the trial court is required to proceed to frame the issues in the matter without granting any unnecessary adjournments to either of the parties, provided there is no legal impediment.

¶6The petition is, accordingly, disposed of. Order Date :- 13.10.2023 SK (Jayant Banerji, J.) High Court of Judicature at Allahabad