Ramautar v. Rajendra and 5 Others

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12392 of 2023 Petitioner :- Ramautar Respondent :- Rajendra And 5 Others Counsel for Petitioner :- Abhishek Rai,Ashutosh Kumar Pandey Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Abhishek Rai, 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 Civil Judge (Junior Division), Room No.12, Deoria, to decide the Original Suit No. 635 of 1992 (Ramavtar Vs. Rajendra and others), filed by the plaintiff/ petitioner seeking permanent injunction relating to suit property.

¶4Learned counsel for the petitioner submits that the Original Suit, filed by the plaintiff/petitioner, bearing Original Suit No. 635 of 1992, seeking permanent injunction, is pending consideration before the Civil Judge (Junior Division), Room No.12, Deoria, and the purpose of filing present writ petition shall stands served if the appropriate directions are issued to Civil Judge (Junior Division), Room No.12, Deoria, to conclude and decide the Suit pending since the year 1992, within the time frame fixed by this Court.

¶5Considering the fact that the aforesaid Suit for permanent injunction, is pending consideration, before the Civil Judge (Junior Division), Room No.12, Deoria, is pending since the year 1992, 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 Civil Judge (Junior Division), Room No.12, Deoria, seized with the Original Suit No. 635 of 1992, to consider and decide the case expeditiously, preferably within a period of six months from the date of production of a certified copy of order of this Court, strictly in accordance with law. Order Date :- 5.12.2023 Irshad High Court of Judicature at Allahabad