Jay Moorat v. Ram Ajor Maurya and 2 Others

Court No. -1 Case :-MATTERS UNDER ARTICLE 227 No. -7843 of 2023 Petitioner :-Jay Moorat Respondent :-Ram Ajor Maurya And 2 Others Counsel for Petitioner :-Rajendra Kumar Yadav Hon'ble Jayant Banerji,J. Heard learned counsel for the petitioner. This petition has been filed by the defendant-petitioner seeking the following relief:-

(i) direct the Court of learned Additional civil Judge, Senior Division, Court No. 17, Azamgarh to consider and decide the Case No. 455 of 2007 ( Ram Ajor Maurya & others Vs. Shiv Baran Yadav & Others), which is pending before him since 24.5.2007, expeditiously, as soon as possible, within a specified period of time as this Hon'ble court may fix, so that justice may be done with the defendant/petitioner." It appears that a Suit No. 455 of 2007 was filed by the plaintiff-respondents seeking a decree of permanent injunction with regard to the suit property. Learned counsel for the petitioner states that issues were framed on 18.4.2011 and the case is not being decided. Under the circumstances, it would not be appropriate to issue any specific direction upon the court concerned. However, considering that the suit is more than fifteen years old, this Court requires the trial court to ensure that the suit proceedings are brought to its logical conclusion, without entertaining unnecessary adjournments from the parties, in case there is no legal impediment in proceeding further and all the parties are duly served with notice of the proceeding. With the aforesaid observation, the petition is disposed of. Order Date :- 28.10.2023 sfa/ (Jayant Banerji, J) High Court of Judicature at Allahabad