Brahamdev @ Brahmdev Vishwakarma v. Jagat Narayan and 11 Others

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 11967 of 2023 Petitioner :- Brahamdev @ Brahmdev Vishwakarma Respondent :- Jagat Narayan And 11 Others Counsel for Petitioner :- Pramod Kumar Vishwakarma Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Pramod Kumar Vishwakarma, 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 A.M. IVth/ Judicial Magistrate, Jaunpur, to decide the Suit No. 377 of 2013, filed by the plaintiff/ petitioner seeking permanent injunction relating to suit property.

¶4Learned counsel for the petitioners submits that the Original Suit, filed by the plaintiff/petitioner, bearing Original Suit No. 377 of 2013, seeking permanent injunction, is pending consideration before the A.M. IVth/ Judicial Magistrate, Jaunpur, and the purpose of filing present writ petition shall stands served if the appropriate directions are issued to the A.M. IVth/ Judicial Magistrate, Jaunpur,, to conclude and decide the Suit pending since the year 2013, within the time frame fixed by this Court.

¶5Considering the fact that the aforesaid Suit for permanent injunction, is pending consideration, before the A.M. IVth/ Judicial Magistrate, Jaunpur, 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 A.M. IVth/ Judicial Magistrate, Jaunpur, seized with the Original Suit No. 377 of 2013, to consider and decide the case expeditiously, preferably within a period of one year, 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