Surendra Singh and 2 Others v. Tejbali Singh and 3 Others

Court No. - 1 Case :- MATTERS UNDER ARTICLE 227 No. - 9786 of 2023 Petitioner :- Surendra Singh And 2 Others Respondent :- Tejbali Singh And 3 Others Counsel for Petitioner :- Krishna Kumar Chaurasia Counsel for Respondent :- Pradeep Singh Hon'ble Jayant Banerji,J.

¶1Heard learned counsel for the petitioner.

¶2This petition has been filed seeking the following relief:- "(i) to issue an order or direction Under Supervisory Jurisdiction directing the Learned Civil Judge (Sr. Div.) Mirzapur to decide a Suit No. 215 of 2004 (Tejbali Singh Vs. Surendra Singh and others) within the specific period which may kindly be fixed by this Hon'ble Court."

¶3It appears that the plaintiff-respondent-first set filed a suit bearing Original Suit No. 215 of 2004 seeking permanent injunction. It is stated that after filing of the written statement, issues were framed on 7.2.2012. Thereafter, on the basis of the counter claim filed on behalf of the defendants, additional issues were framed by an order of the court dated 18.7.2013 but the suit is not being decided.

¶4Under the circumstances, considering that the suit is of the year 2004, 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.

¶5With the aforesaid observation, the petition is disposed of. Order Date :- 17.11.2023 A. V. Singh (Jayant Banerji, J.) High Court of Judicature at Allahabad