Ramashraya and 4 Others v. Dharmdeo and 3 Others

Court No. - 1 Case :- MATTERS UNDER ARTICLE 227 No. - 8059 of 2023 Petitioner :- Ramashraya And 4 Others Respondent :- Dharmdeo And 3 Others Counsel for Petitioner :- Jitendra Nath Sharma,Pratik Kumar Sharma Hon'ble Jayant Banerji,J. Heard Shri Pratik Kumar Sharma, learned counsel for the plaintiff-petitioners. This petition has been filed seeking the following relief:- "I. Issue a direction to Additional Civil Judge (J.D.) Court No.17, District Azamgarh for disposal of 6C2 application on the next date fixed in Suit No.622/2023 in the interest of equity and justice." It appears that the aforesaid Suit No.622 of 2023 has been filed in the court of the Civil Judge (Junior Division), Haveli, District Azamgarh seeking a relief of permanent injunction in respect of two plots of land measuring respectively 25 kadi and 15 kadi as shown in the plaint map. It is admitted by the learned counsel for the petitioners that the plots in dispute are agricultural in nature. It is also stated that the defendants in the suit are family members of the plaintiffs. Evident it is that the suit for injunction simplicitor has been filed without seeking a decree for partition. Under the circumstances, the relief as sought for is declined. This petition is, accordingly, dismissed. Order Date :- 28.10.2023 SK (Jayant Banerji, J.) High Court of Judicature at Allahabad