Komal Singh v. Parvesh Kumar Patel and Another

Court No. - 1 Case :- MATTERS UNDER ARTICLE 227 No. - 9647 of 2023 Petitioner :- Komal Singh Respondent :- Parvesh Kumar Patel And Another Counsel for Petitioner :- Brij Raj Hon'ble Jayant Banerji,J.

¶1Heard learned counsel for the petitioner.

¶2This petition has been filed seeking the following relief:- "(I) To issue a direction for expediously decide to application under order XXXIX Rule-2 CPC (6C) dated 29.03.2022 in Original Suit No.420 of 2022, (Komal Singh Vs Pravesh Kumar Patel and other) [Annexure no.-1], pending before Civil Judge (Senior Division), Varanasi, in accordance with law, as expeditiously as possible and preferably within very short period."

¶3It appears that the petitioner filed Original Suit No.420 of 2022 in the court of the Civil Judge (Senior Division), Varanasi seeking a decree of permanent injunction with regard to half part of several minjumla and others plots stated to be situated at Mauja Bheeti, Pargana-Ram Nagar, Tehsil-Sadar, District Varanasi in respect of an area of 1719.21 sq. mts. For about 6 separate minjumla and other plots, the boundaries shown at the foot of the plaint, are the same.

¶4A perusal of the order dated 29.03.2022 passed by the trial court reflects that the plaintiff and the defendants are the co-tenure holders of the suit property. Under the circumstances, interference in this petition is declined.

¶5The petition is, accordingly, dismissed.

¶6The Registrar (Compliance) is directed to send a copy of this order to the concerned court within fifteen days, for information. Order Date :- 5.12.2023 SK (Jayant Banerji, J.) High Court of Judicature at Allahabad