Rajkaran Singh v. Vinay Kumar Singh and 2 Others

Court No. - 1 Case :- MATTERS UNDER ARTICLE 227 No. - 8865 of 2023 Petitioner :- Rajkaran Singh Respondent :- Vinay Kumar Singh And 2 Others Counsel for Petitioner :- Dinesh Chandra Dwivedi Hon'ble Jayant Banerji,J.

¶1Heard learned counsel for the petitioner.

¶2This petition has been filed by the plaintiff of the Original Suit No. 156 of 2020, that is stated to be pending the court of Civil Judge (Senior Division), Allahabad (Rajkaran Singh Vs. Vinay Kumar Singh and others). The aforesaid suit was filed on 3.9.2020 seeking a relief of permanent injunction in respect of a property which appears to be abadi as per statement made in the plaint.

¶3The contention of the learned counsel for the petitioner is that notice on application 6C was issued pursuant to the order dated

7.9.2020 which is not being decided and the case is pending. The contention is that the property is abadi and in case the matter is not decided early, the civil rights of the plaintiff-petitioner would be seriously affected.

¶4In case, the defendants are not appearing in the suit, it is for the petitioner to move an appropriate application before the trial court for proceeding with the suit expeditiously. If such an application is filed, the trial court shall consider the same.

¶5This petition is, accordingly, disposed of. Order Date :- 23.11.2023 A. V. Singh (Jayant Banerji, J.) High Court of Judicature at Allahabad