This Article 227 petition sought a direction for the Civil Court to decide a pending suit over a permanent injunction without unnecessary adjournments. The court directed the lower court to decide the matter expeditiously.
Direction to the Civil Judge to decide Suit No. 743 of 2018 expeditiously without unnecessary adjournment.
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Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 2502 of 2022 Petitioner :- Dinesh Babu And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ramesh Chandra Kushwaha Counsel for Respondent :- C.S.C.
Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the parties and perused the record.
Present petition under Article 227 of the Constitution of India has been filed by the petitioners with the prayer to direct the Civil Judge (Junior Division), Garvi, Allahabad to decide the Suit No. 743 of 2018 / Reg. No. 3126 of 2018 (Dinesh Babu & another vs. Masuriyadeen & others) within stipulated period of time.
It is submitted by the learned counsel for petitioners that the aforesaid suit filed by the petitioner for permanent injunction is pending since 2018 and on account of delaying tactics adopted by the defendant-respondent the same could not be decided till date.
Considering the submissions of learned counsel for the petitioner and without going into merit of the case, the Civil Judge (Junior Division), Garvi, Allahabad is directed to decide the Suit No. 743 of 2018 / Reg. No. 3126 of 2018 (Dinesh Babu & another vs. Masuriyadeen & others) expeditiously without granting any unnecessary adjournment to either of the parties, unless there is any legal impediment.
With aforesaid direction, the instant petition is finally disposed of.
Order Date :- 8.4.2022 sailesh
Digitally signed by SAILESH PRAJAPATI Date: 2022.04.08 18:16:43 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the Civil Court should be directed to decide the pending suit for permanent injunction expeditiously.
1 provisions across 1 enactments
Dinesh Babu
State Of U.P.
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
