Santram v. State of U.P. and 8 Others

Court No. - 1 Case :- MATTERS UNDER ARTICLE 227 No. - 9609 of 2023 Petitioner :- Santram Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Hanuman Deen Verma,Santosh Kumar Verma Counsel for Respondent :- C.S.C. Hon'ble Jayant Banerji,J.

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

¶2This petition has been filed seeking the following relief:- "I) Issue, a suitable order or direction to direct the Civil Judge (Senior Division) Basti to decide the Stay Application (6C) of Case No.213 of 2023, Santram Vs. State of U.P. and others, pending before him within time to be stipulated by this Hon'ble Court, keeping in view the facts and circumstances of the case."

¶3The petitioner has filed a suit bearing Original Suit No.213 of 2023 seeking a decree of eviction of the defendants from his bhumidhari land as well as for injunction. It is stated that an application under Order XXXIX Rules 1 and 2 CPC, bearing paper no.6C-2, has been filed.

¶4However, learned counsel for the petitioner has not been able to point out any averment made in the plaint with regard to compliance of Section 80 CPC. It is, however, stated by him that the application 6-C2 is pending despite notices having been directed to be issued to the defendants by the order dated

27.07.2023.

¶5In the facts and circumstances, in case the defendants are duly served and due notice under Section 80 CPC has been given, and after ensuring compliance of sub-section (2) of Section 80 CPC, the trial court is expected to proceed to decide the application 6C-2 without granting any unnecessary adjournments to either of the parties, provided there is no legal impediment.

¶6The petition is, accordingly, disposed of. Order Date :- 16.12.2023 SK (Jayant Banerji, J.) High Court of Judicature at Allahabad