This petition under Article 227 sought expedition for a regular suit following an injunction order. The Court found no accentuating circumstances to grant relief given the framing of issues, dismissing the petition and leaving the petitioner to file an application before the trial court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:25564
Court No. - 8
Case :- MATTERS UNDER ARTICLE 227 No. - 1302 of 2024
Petitioner :- Ranglal Respondent :- Shiv Kumar And 3 Others Counsel for Petitioner :- Suresh Chandra Tiwari
Hon'ble Jaspreet Singh,J.
Heard Shri Suresh Chandra Tiwari, learned counsel for the petitioner, who has filed a supplementary affidavit, which is taken on record.
By means of the instant petition, the petitioner seeks expeditious disposal of Regular Suit No.939/2022 (Ranglal v. Shiv Kumar and others).
The submission is that the petitioner is the plaintiff and upon his application under Order 39 Rules 1 and 2 CPC an order of injunction was passed in favour of the petitioner. The said order came to be assailed by filing an appeal by the private-respondents which also came to be dismissed on 15.12.2023.
It is further submitted that the issues have been framed on 17.02.2024 and in the aforesaid circumstances, the defendants who are delaying the proceedings, accordingly, an expedite order be passed.
Having considered the aforesaid and from the perusal of the material on record, this Court finds that there are not accentuating circumstances which may persuade this Court to pass an expedite order especially noticing that the suit is of the year 2022 and upon exchange of the pleadings the issues have already been framed on 17.02.2024.
Learned counsel for the petitioner could not indicate that after framing of the issues whether the evidence has been led by the petitioner or not.
In view of the aforesaid, this Court is not inclined to entertain the petition which is accordingly dismissed leaving it open for the petitioner to move an appropriate application before the Court concerned and in case such an application is moved, the Court shall consider and pass appropriate orders in accordance with law.
With the aforesaid, the petition is disposed of .
Order Date :- 22.3.2024 Rakesh/-
Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether expedition should be granted to a regular suit filed in 2022 where issues were framed on 17.02.2024.
2 provisions across 2 enactments
Ranglal
Shiv Kumar
Jaspreet Singh
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
