Kaushalya Devi v. Yogendra and 8 Others

Court No. - 1 Case :- MATTERS UNDER ARTICLE 227 No. - 10385 of 2023 Petitioner :- Kaushalya Devi Respondent :- Yogendra And 8 Others Counsel for Petitioner :- Ashish Srivastava Hon'ble Jayant Banerji,J.

¶1Heard learned counsel for the petitioner.

¶2This petition has been filed seeking the following relief: "I) An order or direction to directing learned Civil Judge (S.D.), Ghazipur to decide Civil Suit No. 667 of 2022 (Kaushalya Devi and another Vs. Yogendra and others), pending before him, within a stipulated time as may be specified by this Hon'ble Court. II) Issue an, order or direction commanding learned Civil Judge (S.D.), Ghazipur to decide the application of 6C in Civil Suit No. 667 of 2022 (Kaushalya Devi and another Vs. Yogendra and others), within a stipulated time as may be specified by this Hon'ble Court."

¶3It appears that the petitioner is the plaintiff no. 1 in the Original Suit No. 667 of 2022 that is stated to be pending in the court of Civil Judge (Senior Division), Ghazipur, in which the relief of permanent injunction has been sought. It is stated that an application has been filed for temporary injunction, which has not been decided.

¶4The certified copy of the order-sheet of the aforesaid suit reflects that notices on the application 6C2 were issued pursuant to the order of the court dated 22.12.2022, however, learned counsel for the petitioner states that the defendants have not appeared.

¶5Under the circumstances, this petition is disposed of with a direction that in case the defendants are duly served and there is no legal impediment in the matter, the trial court would proceed to consider the application 6C2 in accordance with law, expeditiously. Order Date :- 15.12.2023 A. V. Singh (Jayant Banerji, J.) High Court of Judicature at Allahabad