Suresh Chandra v. Sabharaj Yadav and Another

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12651 of 2023 Petitioner :- Suresh Chandra Respondent :- Sabharaj Yadav And Another Counsel for Petitioner :- Shailesh Kumar Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Shailesh Kumar, learned counsel for the petitioner.

¶2Considering the nature of the order proposed to be passed notice upon the private respondents is being dispensed with.

¶3Present petition, under Article 227 of the Constitution of India, has been filed seeking direction to the Civil Judge (Junior Division) Shahganj, District Jaunpur to decide Original Suit No. 1324 of 2017 (Suresh Chandra vs. Sabharaj & another), within a time frame fixed by this Court.

¶4Learned counsel for the petitioner submits that interim injunction application (6-C), filed along with the aforesaid Suit, is pending consideration and the purpose of filing the present petition would stand served if appropriate directions are issued to the Court below to consider and pass appropriate orders on the pending interim injunction application (6-C) within a time frame fixed by this Court.

¶5This Court has perused the order sheet of the proceedings, annexed along with the petition. Perusal of the order sheet reveals that the Court below after perusal of report of Munsrim registered the case and issued notices to the respondent. Thereafter, several dates have been fixed, but the 6-C application remains pending till date.

¶6In view of the above, this Court is of the opinion that the petition under Article 227 can be disposed of by requiring the Civil Judge (Junior Division) Shahganj, District Jaunpur seized with the 6-C application, filed in Original Suit No. 1324 of 2017 (Suresh Chandra vs. Sabharaj & another), to consider and pass appropriate orders on the same, expeditiously, preferably, on the next date fixed or within a period of two month from the next date fixed, upon service of certified copy of the order of this Court.

¶7With the aforesaid observations the writ petition is disposed of. Order Date :- 11.12.2023 /Bhanu High Court of Judicature at Allahabad