Allowed

Harsh Ramrika v. Sulochana Devi and 5 Others

Allahabad HC21 Aug 2023A227/6957/2023

Case brief

AI extract

What is this about?

The High Court disposed of the Article 227 writ petition, directing the Civil Judge, Gorakhpur, to decide a pending interim application under Order 39 Rule 1 and 2 and Section 151 CPC within one month and maintain the status quo.

What did the court decide?

Direction to decide the pending interim application on or before 13.10.2023 and maintain status quo regarding the disputed property.

Harsh Ramrika Vs Sulochana Devi and 5 Others — Property and Title | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:167384

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Court No. - 1

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Case :- MATTERS UNDER ARTICLE 227 No. - 6957 of 2023

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Petitioner :- Harsh Ramrika Respondent :- Sulochana Devi And 5 Others Counsel for Petitioner :- Rajesh Kumar Mall

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Hon'ble Jayant Banerji,J.

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Heard learned counsel for the petitioner.

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This petition has been filed seeking the following relief:

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"I. To issue a order or direction again to the court of Civil Judge (Senior Division), Gorakhpur to decide the Application 7C, under Order 39 Rule 1 and 2 read with section 11 C.P.C. dated 28.09.2020 filed in Suit No. 48/2020 (Poonam and Others Vs. Sulochana Devi and Others) pending before the court of said authority, within stipulated time period, if possible within a period of one month.

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II. To issue a order or direction to the defendants/respondent no. 1 to 4 for not to interfere in the peace full possession of plaintiffs/petitioner over property in question and also not to dispossess or sale or made construction over the property in question and status-quo may be maintain over property in question.

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III. To issue a order or direction to the Civil Judge (Senior Division), Gorakhpur not to grant adjournment to the Defendants/Respondent nos. 1 to 4 till the disposal of the said application, even if, any adjournment is granted then the same may be granted by imposing a heavy cost upon the defendants/respondent nos. 1 to 4."

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It is pointed out by the learned counsel for the petitioner that earlier another petition being Matters Under Article 227 No. 3216 of 2022 was filed by another plaintiff which was disposed of on 4.5.2022 as follows:

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"Heard learned counsel for the petitioner.

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The petitioner has come up in the present petition with a sole prayer that a direction be issued to Civil Judge (Senior Division), Gorakhpur to decide the Application 7-C under Order 39 Rule 1 and 2 read with Section 151 of C.P.C. dated 28.09.2020 filed in Suit No.480 of 2020 (Poonam and Others Vs. Sulochana Devi and Others) pending before him expeditiously within a time bound period.

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Considering the facts and circumstances of the case, without adverting into

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the merits of the case, the writ petition is disposed off with a direction to Civil Judge (Senior Division), Gorakhpur to decide the Application 7-C under Order 39 Rule 1 and 2 read with Section 151 of C.P.C. dated 28.09.2020 filed in Suit No.480 of 2020 (Poonam and Others Vs. Sulochana Devi and Others) pending before him expeditiously, preferably within a period of six months from the date of production of certified copy of this order without granting any unnecessary adjournments to either of the parties.

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In case if any adjournment is inevitable, the authority concerned may grant the same by imposing heavy cost which may not be less than Rs.1,000/-."

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It appears that the application 7-C is yet to be decided by the trial court. A perusal of the order-sheet reveals that the defendant is repeatedly filing applications before the Court which are being considered and disposed of while imposing cost in terms of the order dated 4.5.2022 passed in the previous petition.

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Accordingly, this petition is disposed of with a direction that the Civil Judge (Senior Division), Gorakhpur shall decide the application 7C on or before 13.10.2023. Till the disposal of the application 7C, the parties shall maintain status quo as on date with regard to the property in dispute.

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Order Date :- 21.8.2023

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A. V. Singh

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(Jayant Banerji, J.)

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Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad

Harsh Ramrika v. Sulochana Devi and 5 Others

Case brief

What is this about?

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Harsh Ramrika v. Sulochana Devi and 5 Others

Case brief

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