Smt. Kailashi Devi and 2 Others v. Ramraj Yadav

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 11974 of 2023 Petitioner :- Smt. Kailashi Devi And 2 Others Respondent :- Ramraj Yadav Counsel for Petitioner :- Kamlesh Kumar Mishra Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Kamlesh Kumar Mishra, learned counsel for the petitioners.

¶2Considering the nature of the order proposed to be passed notice upon the private respondents is hereby dispensed with.

¶3Present petition, under Article 227 of the Constitution of India, has been filed seeking direction to the Civil Judge (Junior Division) Gorakhpur, to decide the Original Suit No. 1171 of 2013, filed by the plaintiffs/ petitioners seeking mandatory injunction relating to suit property.

¶4Learned counsel for the petitioners submits that the Original Suit, filed by the plaintiffs/petitioners, bearing Original Suit No. 1171 of 2013, seeking mandatory injunction, is pending consideration before the Civil Judge (Junior Division) Gorakhpur, and the purpose of filing present writ petition shall stands served if the appropriate directions are issued to the Civil Judge (Junior Division) Gorakhpur, to conclude and decide the Original Suit pending since the year 2013, within the time frame fixed by this Court.

¶5Considering the fact that the aforesaid Original Suit for mandatory injunction, is pending consideration, before the Civil Judge (Junior Division) Gorakhpur, is pending since 2013, this Court is also of the opinion that no useful purpose would be served by keeping the writ petition pending and the same is accordingly disposed of by requiring the Civil Judge (Junior Division) Gorakhpur, seized with the Original Suit No. 1171 of 2013, to consider and decide the case expeditiously, preferably within a period of 18 months, from the date of production of certified copy of order of this Court, strictly in accordance with law. Order Date :- 28.11.2023 Deepak/ High Court of Judicature at Allahabad