Single judge High Court directed Civil Judge to dispose of a pending civil suit for permanent injunction expeditiously within one year to curb delaying tactics.
Directed the trial court to dispose the suit within one year without undue adjournments.
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Court No. - 9
Case :- MATTERS UNDER ARTICLE 227 No. - 6308 of 2022
Petitioner :- Santosh Kumar Pal And Another Respondent :- Raj Kumar Keserwani Counsel for Petitioner :- Kamala Devi Mishra,Prashant Kumar Mishra
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Prashant Kumar Mishra, learned counsel for petitioners and perused the record.
This petition under Article 227 of the Constitution of India has been filed by petitioners for expeditious disposal of Suit No.745 of 2012 (Raj Kumar Keserwani Vs. Santosh Kumar Pal and another) pending in the court of Civil Judge (S.D.) Allahabad, within a stipulated time period.
It is submitted by learned counsel for petitioners that plaintiffrespondent had filed a suit for permanent injunction. The petitioners are defendants in the suit and had put in appearance before the court below. The defendants-petitioners have filed their written statement and issues were also framed on 20.5.2013 but on account of delaying tactics adopted by plaintiff-respondent, the suit could not be proceeded and is pending since 2012.
Considering the facts and circumstances of the case and without commenting on the merits of the case, learned Civil Judge (S.D.) Allahabad is directed to decide the Suit No.745 of 2012 (Raj Kumar Keserwani Vs. Santosh Kumar Pal and another), expeditiously in accordance with law after affording reasonable opportunities of hearing to the parties concerned, preferably within a period of one year from the date of production of certified copy of this order, without granting undue adjournments to either of the parties, unless there is any legal impediment.
With the aforesaid directions, the petition is disposed of.
Order Date :- 16.8.2022 Kpy
Digitally signed by KAVLESHWAR PRASAD YADAV Date: 2022.08.16 17:48:57 IST Reason: Location: High Court of Judicature at Allahabad
Santosh Kumar Pal
Raj Kumar Keserwani
Vipin Chandra Dixit
As recorded by the court registry
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