Sai Sahai Singh @ Sai Shay Singh Vs Civil Judge… — Writ and Judicial Review | Allahabad HC (2024)

Sai Sahai Singh @ Sai Shay Singh Vs Civil Judge… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Liberty to the petitioner to move an urgency application for early disposal of the interim relief application before respondent no. 1; if preferred, respondent no. 1 is expected to decide it expeditiously in accordance with law after hearing the parties, subject to no legal impediment, with only short adjournments if unavoidable.

Issue for consideration

Whether a direction should be issued to respondent no. 1, Civil Judge (JD) North, Sultanpur, to decide the petitioner's interim relief application under Order 39 Rule 1 and 2 C.P.C. in Original Suit No. 135 of 2024 within a time specified by the High Court.

Court's answer

On the request of learned counsel for the petitioner and without entering into the merits of the case, the petition is disposed of with liberty to the petitioner to move an urgency application for early disposal of the interim relief application before respondent no. 1.

Ratio / Principle

If such an urgency application is preferred, respondent no. 1 is expected to decide it expeditiously, looking into the urgency mentioned therein, in accordance with law, after giving opportunity of hearing to the parties concerned, in case there is no legal impediment, and if any adjournment is unavoidable only a short adjournment may be given.

Detailed headnote1 paragraphs

Article 227 petition seeking a direction to the Civil Judge (JD) North, Room No. 25, Sultanpur to decide an interim relief application under Order 39 Rule 1 and 2 C.P.C. pending in Original Suit No. 135 of 2024 (filed for cancellation of a sale deed, pending since 21.02.2024). The petitioner conceded that no urgency application had been moved before the trial court. Without entering into the merits, the High Court disposed of the petition with liberty to the petitioner to move an urgency application before respondent no. 1, recording an expectation that such application be decided expeditiously, in accordance with law, after hearing the parties, subject to no legal impediment, with only short adjournments if unavoidable.

Neutral Citation No. - 2024:AHC-LKO:49180

Court No. - 19

Case :- MATTERS UNDER ARTICLE 227 No. - 2991 of 2024

Petitioner :- Sai Sahai Singh @ Sai Shay Singh Respondent :- Civil Judge (Jd) North, Room No. 25, Sultanpur And Another

Counsel for Petitioner :- Dhirendra Pratap Singh

Hon'ble Manish Kumar,J.

Heard.

Learned counsel for the petitioner has submitted that the present petition has been preferred for issuing a direction to the respondent no. 1-Civil Judge (JD) North, Room No. 25, Sultanpur to decide the interim relief application under Order 39 Rule 1 and 2 C.P.C. pending in Regular Suit (Original Suit) No. 135 of 2024 (Sai Sahai Singh Vs. Ramesh Bahadur Singh) preferred by the petitioner for cancellation of the sale deed, which is pending since 21.02.2024 within the time as specified by this Court.

On being asked from the learned counsel for the petitioner whether petitioner has preferred any urgency application for early disposal of the aforesaid application, learned counsel for the petitioner has replied that no such application has been preferred before the Court concerned and petitioner has approached this Court directly for deciding the case expeditiously.

At this stage, learned counsel for the petitioner has submitted that present petition may be disposed of with a liberty to the petitioner to move an urgency application for early disposal of the aforesaid application before the Court concerned and if any such application is preferred by the petitioner the same may be decided by the Court concerned within the stipulated time fix by this Court.

Learned Standing Counsel has no objection to the prayer made by learned counsel for the petitioner.

On the request of learned counsel for the petitioner and without

entering into the merit of the case, the present petition is disposed of with liberty to the petitioner to move an urgency application for early disposal of aforesaid application before the respondent no. 1. If any such application is preferred, it is expected that respondent no. 1 shall decide the urgency application preferred by the petitioner looking into the urgency mentioned therein expeditiously, in accordance with law, after giving opportunity of hearing to the parties concerned, in case there is no legal impediment and if any adjournment is unavoidable only short adjournment may be given.

Order Date :- 22.7.2024 Ashish

Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench