Disposed

Smt. Pushpa Shukla Alias Pushpa Devi v. Civil Judge ( Junior Division) North Distt. Unnao and 7 Others

Allahabad HC20 Jun 2023A227/3302/2023

Case brief

AI extract

What is this about?

In this writ petition under Article 227, the High Court directed the District Judge, Unnao, to dispose of an urgent impleadment application within a week if moved within three days, citing summer vacation. The Court reserved its merit.

What did the court decide?

Directed District Judge, Unnao to dispose of the impleadment application within a week if moved within three days.

Smt. Pushpa Shukla Alias Pushpa Devi Vs… — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:41390

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Court No. - 3

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Case :- MATTERS UNDER ARTICLE 227 No. - 3302 of 2023

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Petitioner :- Smt. Pushpa Shukla Alias Pushpa Devi Respondent :- Civil Judge ( Junior Division) North Distt. Unnao And 7 Others Counsel for Petitioner :- Akshat Kumar,Sanjay Kumar Srivastava

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Hon'ble Syed Qamar Hasan Rizvi,J.

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Heard Sri Sanjay Kumar Srivastava, learned counsel for the petitioner.

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The present writ petition has been filed seeking the following relief:

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"(i) To direct learned Civil Judge (Junior Divison) North, Unnao to pass appropriate order upon the application 37Ga moved by the petitioner for impleadment of Opp. Parties No. 7 & 8 i.e. defendants No. 6 & 7 in Regular Civil Suit No. 824/2020 forthwith and also restrain the Opp. parties No. 7 & 8 i.e. defendants No. 6 & 7 from raising any construction over the petitioner's land in question under pendency of the Regular Civil Suit No.824/2020.

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(ii) To direct the Opp. Parties No. 7 & 8 not to raise any construction over the petitioner's land in question i.e. marked as A A1 D D1 in the map annexed with the plaint of Regular Civil Suit No. 824/2020, Smt. Pushpa Shukla versus Smt. Sunita Singh & others during pendency of the Regular Civil Suit No. 824/2020 in any manner whatsoever.

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(iii) ................

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(iv) ................."

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The contention of the petitioner is that he has already filed a Regular Civil Suit in the court of Civil Judge, (Junior Division) North, District- Unnao bearing Regular Civil Suit No. 824/2022 and there is an order of injunction dated 05.11.2020 in his favour, passed by the respondent no.1, and the same is still continuing. Learned counsel for the petitioner submits that the present opposite party nos. 7 & 8 namely Ms. Malti Shukla and Sri Shivraj Shukla respectively, are raising some construction over the petitioner's land in question. He as such filed an application for the impleadment of the aforesaid persons namely opposite party nos. 7 & 8 as the defendants in the aforesaid pending suit. The said application for impleadment (No. 37Ga) is pending for orders and the learned court of Civil

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Judge (Junior Division) North, District Unnao has fixed 26.07.2023 for the disposal of the said application.

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Learned counsel for the petitioner further contends that since the courts are already closed on account of summer vacation and as such he is feeling helpless to pursue his case for seeking appropriate remedy from the court.

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Clause 17 of the General Rules (Civil) reads as under:

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" Presentation of applications to the Judge - The District Judge shall fix a time, of which due notice shall be posted on the notice board, for his own Court and for all Courts subordinate to him, for the presentation of urgent applications or such as can be presented to the Presiding Officer only. Such applications shall, as far as practicable and without prejudice to any case then at hearing, be disposed of by an order passed in Court as soon as they are presented."

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Learned counsel for the petitioner submits that he may be given liberty to move appropriate application before the District Judge, Unnao under the peculiar circumstances and the urgency of the matter.

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In view of aforesaid circumstances, this Court deems it appropriate to finally dispose of the present writ petition with a direction to the District Judge, Unnao that in case any such application is moved before him within a period of three days from today, he shall pass appropriate orders on the same within a week.

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It is made clear that the Court has not examined the case on its merit and this order shall not come in the way of the disposal of the case to be done by the court concerned, on the basis of the merit of the case.

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With the aforesaid direction, the present writ petition is disposed of .

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Order Date :- 20.6.2023 Abhishek Gupta

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Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad, Lucknow Bench

Smt. Pushpa Shukla Alias Pushpa Devi v. Civil Judge ( Junior Division) North Distt. Unnao and 7 Others

Case brief

What is this about?

What did the court decide?

Smt. Pushpa Shukla Alias Pushpa Devi v. Civil Judge ( Junior Division) North Distt. Unnao and 7 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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