Dismissed¶16

Paras Nath Tiwari v. Civil Judge (Senior Division) Room NO.15 Distt. Sultanpur and 2 Others

Allahabad HC1 Feb 2024/115/2024

Case brief

AI extract

What is this about?

Article 227 petition dismissed as not pressed; expedition of Order 39 Rules 1 and 2 CPC injunction application in 2016 suit before Civil Judge (Senior Division), Sultanpur; delay by State and Land Management Committee in filing written statement/objections; standing counsel filed objections on 25.01.2024 after Court's 12.01.2024 direction; petitioner withdrew; no merits adjudicated; Jaspreet Singh, J.; order dated 1.2.2024; neutral citation 2024:AHC-LKO:9274.

What did the court decide?

In view of the statement made by counsel for the petitioner that he does not wish to press the petition, the petition is dismissed as not pressed. ¶16

Paras Nath Tiwari Vs Civil Judge (Senior Division) Room NO.15 Distt. Sultanpur and 2 Others — Allahabad HC (2024) — LawSathi Research

¶1

Neutral Citation No. - 2024:AHC-LKO:9274

¶2

Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 115 of 2024

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Petitioner :- Paras Nath Tiwari Respondent :- Civil Judge (Senior Division) Room No.15 Distt. Sultanpur And 2 Others Counsel for Petitioner :- Narendra Pratap Mishra,Shyam Lal Mishra

¶5

Counsel for Respondent :- C.S.C.,Mohan Singh

¶6

Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioner.

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This Court on 12.01.2024 had passed the following order which reads as under:

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"Heard learned counsel for the petitioner. Notice on behalf of the respondent No.2 has been accepted by the office of Chief Standing Counsel. Shri Mohan Singh, learned counsel has accepted notice for the respondent No.3.

¶10

The instant petition has been preferred by the petitioner seeking expedition of an application under Order 39 Rules 1 and 2 CPC in respect of a suit which was filed in the year 2016.

¶11

Learned counsel for the petitioner has drawn the attention of the Court to the extracts of the order-sheets as well as plaint which indicates that it is only the State parties which are the defendants. Both the State and the Land Management Committee are duly represented in the District Courts by the designated counsel. However, the record as filed by the petitioner indicates that despite the suit was filed in the year 2016, yet no written statement/objections to the application under Order 39 Rules 1 and 2 CPC has been filed by the State as well as counsel for the Land Management Committee.

¶12

Since both the State and Land Management Committee are represented by their standing counsel, they are allowed two days' time to seek instructions in the matter and inform the Court as to why they have not filed their written statement in a suit filed in the year 2016.

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List this matter again on 18.01.2024 as fresh ."

¶14

Learned Standing Counsel as well as Shri Mohan Singh, the counsel for the Land Management Committee has informed the Court that the written statements/ objections to the application for injunction has been filed on behalf of the State as well as the Land Management Committee on 25.01.2024.

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Shri Narendra Pratap Mishra, learned counsel for the petitioner submits that he does not wish to press the instant petition.

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In view of the statement so made by the counsel for the petitioner, the petition is dismissed as not pressed .

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Order Date :- 1.2.2024 KR

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Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Paras Nath Tiwari v. Civil Judge (Senior Division) Room NO.15 Distt. Sultanpur and 2 Others

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Paras Nath Tiwari v. Civil Judge (Senior Division) Room NO.15 Distt. Sultanpur and 2 Others

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