Deepak Singh and 2 Others v. Arjun Prasad Singh and 3 Others

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12300 of 2023 Petitioner :- Deepak Singh And 2 Others Respondent :- Arjun Prasad Singh And 3 Others Counsel for Petitioner :- Naveen Kumar Tripathi Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Naveen Kumar Tripathi, 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 Additional Civil Judge (Junior Division), Room No.11, Allahabad, to decide the Suit No. 2253 of 2015 (Arjun Prasad Singh and others Vs. Deepak Singh and others), filed by the defendants/ respondents seeking permanent injunction relating to suit property.

¶4Learned counsel for the petitioner submits that the Original Suit, filed by the defendants/ respondents, bearing Original Suit No. 2253 of 2015, seeking permanent injunction, is pending consideration before the Additional Civil Judge (Junior Division), Room No.11, Allahabad, and the purpose of filing present writ petition shall stands served if the appropriate directions are issued to Additional Civil Judge (Junior Division), Room No.11, Allahabad, to conclude and decide the Suit pending since the year 2015, within the time frame fixed by this Court.

¶5Considering the fact that the aforesaid Suit for permanent injunction, is pending consideration, before the Additional Civil Judge (Junior Division), Room No.11, Allahabad, is pending since 2015, 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 Additional Civil Judge (Junior Division), Room No.11, Allahabad, seized with the Original Suit No. 2253 of 2015, to consider and decide the case expeditiously, preferably within a period of one year, from the date of production of a certified copy of order of this Court, strictly in accordance with law. Order Date :- 4.12.2023 Irshad High Court of Judicature at Allahabad