Dismissed

Hargovind Dayal Kayastha Hostel Society,Lko. Thru. Its Secretary v. Civil Judge (Junior Division ) South, Civil Court, Lko. and Another

Allahabad HC1 Jul 2024/2607/2024

Case brief

AI extract

What is this about?

In a writ petition seeking direction to decide a pending application and maintain status quo regarding land dispute construction, the Court dismissed the petition for non-maintenance of antecedents, holding the petitioner must first approach the trial court.

What the court decided

AI extract

Hargovind Dayal Kayastha Hostel… — Civil Procedure and Limitation | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:44694

¶2

Court No. - 19

¶3

Case :- MATTERS UNDER ARTICLE 227 No. - 2607 of 2024 Petitioner :- Hargovind Dayal Kayastha Hostel Society,Lko. Thru. Its Secretary Respondent :- Civil Judge (Junior Division ) South, Civil Court, Lko. And Another Counsel for Petitioner :- Nirankar Singh,Km. Gitanjali Shukla

¶4

Hon'ble Manish Kumar,J.

¶5

Heard.

¶6

Learned counsel for the petitioner has submitted that the present petition has been preferred for issuing a direction to the respondent no. opposite party no. 1- Civil Judge ( Junior Division) South, Civil Court Lucknow to decide the application 6 C in suit no.1326/2024 (Hargovid Dayal Kayasth Hostel Society vs Krishna Kant Dixit ) pending before the opposite party no. 1, Civil Judge ( Junior Division) South, Civil Court Lucknow, within the time frame stipulated by this Hon'ble Court and in the mean time status quo be maintained by the parties, as after filing of the present writ petition, respondents have started raising construction on the land in dispute in the suit.

¶7

On being asked whether petitioner has preferred any application bringing on record all these facts before the learned trial court for early hearing of the application 6 -C, learned counsel for the petitioner has replied that no such application has been preferred before the trial court bringing on record all theses facts which has been taken in the present writ petition by filing a supplementary affidavit on 25.6.2024 along with the application for passing appropriate orders.

¶8

As the petitioner has not apprised the learned trial court about the construction on the land in dispute as alleged in the application filed before this Court and without moving any such application for early disposal of application 6-C in the suit, the petitioner has directly approached this Court whereas the petitioner has to first approach to the trial court and apprise the trial court for early disposal of the application in place of directly approaching this Court.

¶9

In view of the facts and discussion made hereinabove, the writ petition is dismissed.

¶10

However, it will be open for the petitioner to move an appropriate application bringing all the facts and new developments as alleged here before the trial court for early disposal of application 6-C.

¶11

Order Date :- 1.7.2024 A nuj S ingh

¶12

Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Hargovind Dayal Kayastha Hostel Society,Lko. Thru. Its Secretary v. Civil Judge (Junior Division ) South, Civil Court, Lko. and Another

Case brief

What is this about?

What the court decided

Hargovind Dayal Kayastha Hostel Society,Lko. Thru. Its Secretary v. Civil Judge (Junior Division ) South, Civil Court, Lko. and Another

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Hargovind Dayal Kayastha Hostel Society,Lko. Thru. Its Secretary vs Civil Judge (Junior Division ) South, Civil Court, Lko. and Another

Ram Bahadur vs State of U.P. Thru. Secy. Home Lko. and Another

Shivani @ Alka and 5 Others vs State of U.P. Thru. Addl. Chief Secy,/Prin. Secy. Deptt.of Home Lko and Another

Ritendra Kumar and 6 Others Vs Raghubir

U.P. Forest Corporation Lko. Thru. Its Managing Director and Others Vs Vinod Kumar

Shikha Wadhawa Vs Civil Judge Senior Division Court No. 44 Lko. and Another