Rakesh Bihari Gupta v. Rajendra Kumar Jain

Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 8355 of 2023 Petitioner :- Rakesh Bihari Gupta Respondent :- Rajendra Kumar Jain Counsel for Petitioner :- Rishabh Agarwal Counsel for Respondent :- Rama Goel Bansal,Shalini Goel Hon'ble Prakash Padia,J.

¶1Supplementary affidavit filed today is taken on record.

¶2Heard Shri Rishabh Agarwal, learned counsel for the petitioner and Mrs. Rama Goel Bansal, learned counsel for the respondent.

¶3The present petition has been filed inter-alia with the prayer to set aside the judgement dated 25.07.2023 passed by Additional District Judge, Court No.1, Jhansi in SCC Suit No.7 of 2020 (Rajendra Kumar Jain Vs. Rakesh Bihari Gupta). By the aforesaid order the court below rejected the application filed by the defendant-petitioner for inspection of the land in dispute through Ameen.

¶4After some arguments a prayer has been made by counsel for the petitioner-defendant that the present petition be dismissed with liberty to the petitioner to challenge this order also in case any adverse order is passed in the proceedings initiated by the plaintiff-respondent in the matter in dispute.

¶5This prayer has not been opposed by the counsel for the respondent.

¶6In this view of the matter, the present petition is dismissed with observations that petitioner is free to challenge this order also in case any is passed against him in the S.C.C. Suit.

¶7It further reveals from perusal of the record that SCC Revision filed in the year 2020 is pending consideration for last more than three years.

¶8In this view of the matter, the court below before whom aforesaid revision is pending, is directed to decide the aforesaid revision strictly in accordance with law expeditiously without granting any unnecessarily adjournment unless there is no legal impediment. Order Date :- 16.10.2023 Pramod Tripathi High Court of Judicature at Allahabad