Devendra Singh Alias Devendra Pal Singh v. Yatendra Pal Singh and Another

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12662 of 2023 Petitioner :- Devendra Singh Alias Devendra Pal Singh Respondent :- Yatendra Pal Singh And Another Counsel for Petitioner :- Jitendra Pal Singh Counsel for Respondent :- C.S.C. Hon'ble Ashutosh Srivastava,J. Heard Shri Jitendra Pal Singh, learned counsel for the petitioner. Considering the nature of the order proposed to be passed the notice upon the sole respondent is being dispensed with. Though the relief for issuance of suitable direction to the Civil judge (Junior Division), Firozabad, to decide the Original Suit No. 287 of 2007 (Yatendra Pal Singh vs. Devendra Singh) within a time frame fixed by this Court has been prayed for but during the course of arguments, learned counsel for the petitioner has confined the relief for a direction to the Court concerned for framing the issues, within a time frame fixed by this Court. Learned counsel for the petitioner submits that the petitioner is a defendant in a suit, being Suit No. 287 of 2007, which has been instituted for permanent injunction. He further submits that in the suit the petitioner has put in appearance and has filed his written statement, but till date issues have not been framed. Heard learned counsel for the petitioner and perused the record. From the order sheet that has been brought on record as annexure 3 to the petition, it is apparent that the case is pending since the year 2007 but till date no issues have been framed by the Court concerned. In the above facts and circumstances of the case, this Court is of the opinion that the petition can be disposed of by requiring the Civil judge (Junior Division), Firozabad, to frame issues, in the aforesaid suit, expeditiously, preferably within four months from the date of production of certified copy of the order passed by this Court. With the aforesaid observations the writ petition is disposed off. Order Date :- 11.12.2023 Deepak/ High Court of Judicature at Allahabad