Naresh Chand Sharma v. Smt. Shakeela Khaton and 3 Others

Court No. - 1 Case :- MATTERS UNDER ARTICLE 227 No. - 8763 of 2023 Petitioner :- Naresh Chand Sharma Respondent :- Smt. Shakeela Khaton And 3 Others Counsel for Petitioner :- Raj Narayan Tiwari Hon'ble Jayant Banerji,J.

¶1Heard learned counsel for the petitioner.

¶2This petition has been filed seeking the following relief: "(i) An order or direction in a suitable nature directing the learned Civil Judge (S.D.)/F.T.C., Gautam Budh Nagar to expedite the proceeding of Original Suit No. 2124/2019, Smt. Shakeela Khaton Vs. Naresh Chand Sharma and others, within stipulated period as deem fit and proper by this Hon'ble Court.

(ii) Issue any other suitable order or direction, which this Hon'ble Court may deem, just and proper in the circumstances of the case."

¶3It appears that a suit was filed by the plaintiff-respondent no. 1 against the petitioner-defendant and others seeking mandatory injunction and permanent injunction in respect of the suit property. It is stated that on 24.11.2020, the written statement has been filed by the petitioner, yet till now the issues have not been framed.

¶4Under the circumstances, the petitioner is permitted to move an application before the trial court for framing of the issues expeditiously so that the trial can be proceeded with. In case such an application is filed by the petitioner, the same shall be considered expeditiously.

¶5This petition is, accordingly, disposed of. Order Date :- 9.11.2023 A. V. Singh (Jayant Banerji, J.) High Court of Judicature at Allahabad