Partly allowed

Surendra Gupta v. Pyare Lal and 7 Others

Allahabad HC19 Feb 2021A227/1177/2021

Case brief

AI extract

What is this about?

Matters under Article 227 petition seeking direction to Civil Judge Jaunpur to decide a pending stay application. Petitioner permitted to file fresh application for interim protection promptly. Court remitted matter to trial court for expeditious decision within three weeks upon receipt.

What did the court decide?

Petitioner permitted to file fresh application for interim protection before court below within one week; court below required to decide same expeditiously within three weeks.

Surendra Gupta Vs Pyare Lal and 7 Others — Civil Procedure and Limitation | Allahabad HC (2021)

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Court No. - 10

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Case :- MATTERS UNDER ARTICLE 227 No. - 1177 of 2021 Petitioner :- Surendra Gupta Respondent :- Pyare Lal And 7 Others Counsel for Petitioner :- Rajendra Kumar Singh

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Hon'ble Prakash Padia,J.

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Heard learned counsel for the petitioner.

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In view of the order proposed to be passed, notices need not go to the respondents.

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The petitioner has preferred the present petition under Article 227 of the Constitution of India inter-alia with the following prayer:-

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"(i) Direct the learned Civil Judge (Senior Division) Jaunpur to decide the application 6C dated 03.02.2021 filed in Original Suit No.116 of 2021 (Ravindra Nath Gupta & others Vs. Pyare Lal & others) within stipulated period, pending since 2021."

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From perusal of the record, it appears that Original Suit No.116 of 2021 was filed by Ravindra Nath Gupta and three others including the present petitioner in the Court of Civil Judge (Senior Division) Jaunpur. In the aforesaid suit, an application for grant of stay was also filed in which only notices were issued to the opposite parties/defendants fixing 18.02.2021.

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It is argued that on 18.02.2021 only the date is fixed in the matter on 29.04.2021. It is argued that the interim protection is urgently required and prays that if any protection is not granted, the petitioner will suffer irreparable loss. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally permitting the petitioner to file a fresh application for grant of interim protection before court below along with a copy of this order within a period for one week from today. In case, any such application is filed by petitioner within the period stipulated hereinabove before court below, the court below will consider and decide the same strictly in accordance with law as expeditiously as possible as and preferably within a period of three weeks from the date of filing of such application by the petitioner before him.

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Order Date :- 19.2.2021/saqlain

Surendra Gupta v. Pyare Lal and 7 Others

Case brief

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Surendra Gupta v. Pyare Lal and 7 Others

Case brief

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