Durga Prasad v. Mata Prasad and 3 Others

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 11736 of 2023 Petitioner :- Durga Prasad Respondent :- Mata Prasad And 3 Others Counsel for Petitioner :- Rajesh Kumar Shukla,Amit Kumar Shukla Hon'ble Ashutosh Srivastava,J. Heard Shri Rajesh Kumar Shukla, learned counsel for the petitioner. Considering the nature of the order proposed to be passed notice upon the private respondents is hereby dispensed with. Present petition, under Article 227 of the Constitution of India, has been filed seeking direction to the Civil Judge (Sr.Div.) Shahganj, Jaunpur to decide 6-C application filed in Suit No. 1014 of 2022 (Bhanmati @ Bhanumati and others versus Mata Prasad and others) within the time frame fixed by this Court. Learned counsel for the petitioner submits that interim injunction application (6-C), filed along with the aforesaid Suit, is pending consideration and the purpose of filing the present petition would stand served if appropriate directions are issued to the Court below to consider and pass appropriate orders on the pending interim injunction application (6-C) within a time frame fixed by this Court. This Court has perused the order sheet of the proceedings, annexed along with the petition. A perusal of the order sheet reveals that the Court below after perusal of report of Munsrim registered the case and issued notices to the respondent. Thereafter, several dates have been fixed, but the 6-C applications remains pending till date. Considering the facts and circumstances of the case, the present petition stands disposed of requiring the Civil Judge (Sr.Div.) Shahganj, Jaunpur seized with the 6-C application, filed in Suit No. 1014 of 2022 (Bhanmati @ Bhanumati and others versus Mata Prasad and others), to consider and pass appropriate orders on the same, expeditiously, preferably, on the next date fixed or within a period of two month from the next date fixed. Order Date :- 29.11.2023 Ravi Prakash (Ashutosh Srivastava, J.) High Court of Judicature at Allahabad