Gopal Prasad Gupta v. Dr Smt Smita Mishra and Another

Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 11294 of 2023 Petitioner :- Gopal Prasad Gupta Respondent :- Dr Smt Smita Mishra And Another Counsel for Petitioner :- Rajeev Kumar Singh Hon'ble Prakash Padia,J.

¶1Heard learned counsel for the petitioner/petitioners and perused the record.

¶2In view of the order proposed to be passed herein, no useful purpose would be served by putting the opposite party to notice and keeping this petition pending before this Court. However, in case the opposite party feels aggrieved by the order his/her right to seek modification/variation of the order is being kept reserved.

¶3The basic relief sought by the petitioner/petitioners in the present petition under Article 227 of the Constitution of India is to direct the court below to decide the Civil Suit No. 258 of 2020 ( Gopal Prasad Gupta Versus Dr. Smt. Smita Mishra) and also decide the temporary injunction application under Order -39 Rule 1 and 2 read with Section 151 C.P.C. i.e. 7-C application, within the time stipulated by this Hon'ble Court expeditiously.

¶4The matter is pending before the Court below since 2020 and considerable time has already been lapsed but till date no final decision has been taken in the matter.

¶5In the facts and circumstances of the case, the present petition is disposed of directing the court concerned to decide the aforesaid case/suit strictly in accordance with law and without granting unnecessary adjournment unless there is no legal impediment Order Date :- 6.11.2023 T.S. High Court of Judicature at Allahabad