Shiv Dayal @ Shivpuri @ Shiv v. State of U.P. and 6 Others

Court No. - 1 Case :- MATTERS UNDER ARTICLE 227 No. - 9603 of 2023 Petitioner :- Shiv Dayal @ Shivpuri @ Shiv Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Kamlesh Kumar Tiwari,Priya Tiwari Counsel for Respondent :- CSC Hon'ble Jayant Banerji,J.

¶1Heard Shri Amrish Tiwari (AOR No.A/A 0021/2020), holding brief of Shri K.K. Tiwari, learned counsel for the petitioner.

¶2This petition has been filed seeking the following reliefs:- "i. A direction may be issued to the Civil Judge (J.D.), Kanpur Dehat to decide the injunction application 6C dated 31.07.2023 of the plaintiff/petitoner filed in O.S. No.725 of 2023 (Shiv Dayal @ Shivpuri @ Shiv Vs. State of U.P. & others) within specify period, which be fixed by this Hon'ble Court, may deem fit and proper. ii. to set aside the order dated 23.08.2023 passed by Civil Judge (J.D.), Kanpur Dehat in O.S. No.725 of 2023 (Shiv Dayal @ Shivpuri @ Shiv Vs. State of U.P. & others)."

¶3It appears that Original Suit No.725 of 2023 was filed by the petitioner seeking a relief of permanent injunction. It appears that alongwith the aforesaid suit, an application 6C-2 was filed seeking temporary injunction on which application, by an order dated 23.08.2023, notice was directed to be issued. It is stated that the defendants are illegally constructing the water tank on the bhumidhari land of the petitioner.

¶4Considering the facts and circumstances of the case, in case the provisions of Section 80 CPC have been complied with and sub-section (2) of Section 80 CPC is duly availed of by the plaintiff, and if the defendants are duly served, the trial court is required to consider the application 6C-2 without granting any unnecessary adjournments to either of the parties, provided there is no legal impediment.

¶5The petition is, accordingly, disposed of. Order Date :- 16.12.2023 SK (Jayant Banerji, J.) High Court of Judicature at Allahabad