- Court
- High Court of Judicature at Allahabad
- Decided
- 11 October 2023
- Bench
- Rajnish Kumar
- Case no.
- 4488/2023
Judgment
Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 4488 of 2023 Petitioner :- Sri Niyaz Ahmad Lko. Thru. His Power Of Attorney Smt. Fatima Khatoon Respondent :- Civil Judge Junior Division South Lko. And 3 Others Counsel for Petitioner :- Laxmi Narayan Gupta,Mahendra Singh Hon'ble Rajnish Kumar,J.
¶1Heard Sri Laxmi Narayan Gupta learned counsel for the petitioner.
¶2This petition has been filed under Article 227 for a direction for disposal of Regular suit no.2151 of 2022 (Niyaz Ahmad vs Babloo and others) filed on 05.09.2022.
¶3Submission of learned counsel for the petitioner is that the petitioner who is plaintiff in the suit is posted at Mughalsarai, therefore, he has given power of attorney to his wife who is residing in the house in dispute but despite the injunction granted by the trial court, the defendants who are respondent nos.2 to 4 in this petition are trying to dispossess the petitioner.
¶4Perusal of the order sheet indicates that the interim injunction application of the petitioner has been allowed by means of the order dated 06.04.2023 granting injunction of status-quo on the land in dispute and after filing of the written statement, now the case is being fixed for issues.
¶5Perusal of the plaint as well as the present petition indicates that the petitioner's address is of Lucknow and the injunction has been granted in favour of the petitioner and his application for interim injunction has been allowed till disposal of the suit. If the injunction order is not being complied then the remedy lies elsewhere and this cannot be a ground for direction for disposal of suit of the year, 2022, at this stage, when many old cases are pending merely because the petitioner wants that the suit should be disposed of at an early date.
¶6The petition lacks merit and is, accordingly, dismissed. ( Rajnish Kumar,J.) Order Date :- 11.10.2023/Harshita High Court of Judicature at Allahabad, Lucknow Bench
Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.