Vishnu Prasad v. Ram Singh and 7 Others

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12672 of 2023 Petitioner :- Vishnu Prasad Respondent :- Ram Singh And 7 Others Counsel for Petitioner :- Suresh Singh,Ritesh Singh Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Suresh Singh, learned counsel for the petitioner.

¶2Considering the nature of the order that is 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 Ist), Gorakhpur, to decide the Original Suit No. 546 of 2009 ( Vishnu Prasad and another vs. Ram Singh and others) for permanent injunction, within the time stipulated by this Court.

¶4Learned counsel for the petitioner submits that the Suit is pending consideration since the year 2009, and the purpose of filing present petition shall stands served if the appropriate directions are issued to the Civil Judge (Junior Division Ist), Gorakhpur, to conclude and decide the Original Suit pending since 2009, within the time frame fixed by this Court.

¶5Considering the fact that the aforesaid Original Suit, is pending consideration, before the Civil Judge (Junior Division Ist), Gorakhpur, since 2009, 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 off by requiring the Civil Judge (Junior Division Ist), Gorakhpur, seized with the Original Suit No. 546 of 2009 ( Vishnu Prasad and another vs. Ram Singh and others) to consider and decide the case expeditiously, preferably within a period of one year, from the date of production of certified copy of the order of this Court, strictly in accordance with law, without granting unnecessary adjournments to either of the parties, following the directions passed by Hon'ble Supreme Court in Civil Appeal No. 4296 of 2023 (Yashpal Jain versus Sushila Devi & others) decided on 20.10.2023, contained in Paragraph 2 of the operative part of the order. Order Date :- 11.12.2023 Deepak/ High Court of Judicature at Allahabad