Allowed

Kuldeep Kumar v. Civil Judge (S.D.), Court No. 15, Sultanpur and 3 Others

Allahabad HC6 Jun 2022/2112/2022

Case brief

AI extract

What is this about?

In a writ petition under Article 227 of the Constitution of India, the petitioner sought a time-bound disposal of a suit pending since 2014. The High Court, at the admission stage, dispensed with notices to other respondents and directed the Civil Court to decide the suit within one year.

What did the court decide?

The appeal was allowed, and the Civil Judge (S.D.), Court No. 15, Sultanpur was directed to decide Original Suit No. 76 of 2014 within one year.

Kuldeep Kumar Vs Civil Judge (S.D.), Court… — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 2

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Case :- MATTERS UNDER ARTICLE 227 No. - 2112 of 2022

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Petitioner :- Kuldeep Kumar Respondent :- Civil Judge (S.D.), Court No. 15, Sultanpur And 3 Others

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Counsel for Petitioner :- Piyush Shrivastava,Adesh Srivastava

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Piyush Shrivastava, learned counsel for the petitioner.

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At the very outset, learned counsel for the petitioner has prayed that he may be permitted to delete opposite party no.1.

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On the aforesaid request, learned counsel for the petitioner is permitted to delete opposite party no.1 during the course of the day.

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By means of this petition, the petitioner has prayed following reliefs:-

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"i. Direct the opposite party no.1 i.e. Civil Judge (S.D.), Court No. 15, District Sultanpur to decide the Original Suit no. 76/2014 (Kuldeep Kumar Versus Madhu Soni), within any stipulated period as prescribed by this Hon'ble Court in the interest of justice.

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ii. Restrained the opposite parties from interfering in the peaceful possession of the petitioner over the land in question till disposal of the Original Suit no. 76/2014 (Kuldeep Kumar Versus Madhu Soni) pending before learned Civil Judge (S.D.), Court No.15, District Sultanpur."

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By means of this petition under Article 227 of the Constitution of India, the petitioner has prayed the aforesaid innocuous relief to decide the original suit, which is pending considering since 2014 within stipulated time.

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In view of the aforesaid relief prayed in the writ petition, I hereby dispense with the notices to opposite parties no.2, 3 & 4 as no prejudice is being caused to opposite parties no.2, 3 & 4 by means of this order.

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Without entering into merits of the issue, I hereby dispose of this petition finally at the admission stage directing the Civil Judge (S.D.), Court No.15, Sultanpur to decide the Original Suit No.76 of 2014 within a period of one year from the date of production of certified copy of this order, by affording an opportunity of hearing to the parties concerned, strictly in accordance with law.

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In the aforesaid terms, the writ petition is disposed of finally.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 6.6.2022 RBS/-

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Digitally signed by RAM BIR SINGH Date: 2022.06.06 18:28:37 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Kuldeep Kumar v. Civil Judge (S.D.), Court No. 15, Sultanpur and 3 Others

Case brief

What is this about?

What did the court decide?

Kuldeep Kumar v. Civil Judge (S.D.), Court No. 15, Sultanpur and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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