Raghuraj Singh v. Smt. Poonam and 5 Others

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12045 of 2023 Petitioner :- Raghuraj Singh Respondent :- Smt. Poonam And 5 Others Counsel for Petitioner :- Sheo Ram Singh,Shashank Shekhar Hon'ble Ashutosh Srivastava,J.

¶1Heard learned counsel for the petitioner.

¶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 Additional Civil Judge 1st (Junior Division) District Sambhal, to decide the Original Suit No. 340 of 1999, filed by the plaintiff/ respondent, herein, against the defendant/ petitioner seeking prohibitory permanent injunction relating to suit property.

¶4Learned counsel for the petitioner submits that the Original Suit, filed by the plaintiff/ respondents, bearing Original Suit No. 340 of 1999, seeking prohibitory permanent injunction, is pending consideration before the Additional Civil Judge 1st (Junior Division) District Sambhal, and the purpose of filing present writ petition shall stands served if the appropriate directions are issued to the Additional Civil Judge 1st (Junior Division) District Sambhal, to conclude and decide the Original Suit pending since the year 1999, within the time frame fixed by this Court.

¶5Considering the fact that the aforesaid Original Suit for prohibitory permanent injunction, is pending consideration, before the Additional Civil Judge 1st (Junior Division) District Sambhal, is pending since 1999, this Court is also of the opinion that no useful purpose would be served by keeping the petition pending and the same is accordingly disposed of by requiring the Additional Civil Judge 1st (Junior Division) District Sambhal, seized with the Original Suit No. 340 of 1999, 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 Vipasha High Court of Judicature at Allahabad