Disposed¶11

Anoop Kumar Singh @ Anoop Kumar v. Civil Judge Junior Division Haweli Faizabad and Another

Allahabad HC9 Jul 2024/3131/2024

Case brief

AI extract

What is this about?

Article 227 petition; direction for early disposal of suit; urgency application; expeditious disposal; Original Suit No. 1224 of 2022; Mausoof versus Anoop Kumar and others; Civil Judge (Junior Division) Haweli Faizabad; injunction order; construction of half built house; liberty to file fresh urgency application; opportunity of hearing; no unnecessary adjournment; Allahabad High Court Lucknow Bench; Manish Kumar, J.; order dated 9.7.2024; Neutral Citation 2024:AHC-LKO:46382.

What did the court decide?

Liberty to the petitioner to move a fresh urgency application before opposite party no. 1 in Original Suit No. 1224 of 2022; opposite party no. 1 expected to decide such application expeditiously in accordance with law after hearing the parties and without granting unnecessary adjournments. ¶11

Anoop Kumar Singh @ Anoop Kumar Vs Civil Judge… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a direction should be issued to opposite party no. 1, the Civil Judge (Junior Division), Haweli, Faizabad, to decide Original Suit No. 1224 of 2022 (Mausoof versus Anoop Kumar and others), in which the petitioner is the defendant.

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Court's answer

Without entering into the merits of the case, the petition is disposed of with liberty to the petitioner to move a fresh urgency application before opposite party no. 1, Civil Judge (Junior Division), Haweli, Faizabad, in Original Suit No. 1224 of 2022.

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Ratio / Principle

If a fresh urgency application is preferred by the petitioner, opposite party no. 1 is expected to make endeavour to decide the urgency application expeditiously in accordance with law, after giving opportunity of hearing to the parties concerned.

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Key takeaways

In deciding the urgency application, no unnecessary adjournment is to be granted to either of the parties.ratio¶12

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Manish Kumar, J.), MATTERS UNDER ARTICLE 227 No. 3131 of 2024, decided 9.7.2024: Petition by Anoop Kumar Singh @ Anoop Kumar, defendant in Original Suit No. 1224 of 2022 ('Mausoof versus Anoop Kumar and others') pending before the Civil Judge (Junior Division), Haweli, Faizabad, seeking a direction for early disposal of the suit; counsel stated that an urgency application dated 14.05.2024 had elicited no action. On counsel's request, and without entering into the merits, the petition was disposed of with liberty to move a fresh urgency application, which the trial court is expected to decide expeditiously, in accordance with law, after giving opportunity of hearing to the parties and without granting any unnecessary adjournment to either side.

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Neutral Citation No. - 2024:AHC-LKO:46382

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Court No. - 19

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Case :- MATTERS UNDER ARTICLE 227 No. - 3131 of 2024

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Petitioner :- Anoop Kumar Singh @ Anoop Kumar Respondent :- Civil Judge Junior Division Haweli Faizabad And Another Counsel for Petitioner :- Anoop Kumar,Ankit Pandey,Gufran Siddiqui,Mohd. Khurshid Akhtar

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Hon'ble Manish Kumar,J.

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1. Heard.

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Learned counsel for petitioner has submitted that the present writ petition has been preferred for issuing direction to opposite party no. 1 i.e. Civil Judge (Junior Division) Haweli, Faizabad to decide the original suit no. 1224 of 2022 titled as 'Mausoof versus Anoop Kumar and others, filed by opposite party no. 2, in which the petitioner is the defendant.

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It is further submitted that the despite there being an injunction order in favour of petitioner, the respondent no. 2 is not permitting the petitioner to construct his half constructed house.

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On being specifically asked from learned counsel for the petitioner that whether petitioner has preferred any urgency application for early disposal of the pending suit by showing urgency in the matter before the Court concerned, it is replied by learned counsel for the petitioner that an application dated 14.05.2024 has been preferred by the petitioner before the Court concerned, but no action has been taken.

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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 a fresh urgency application before opposite party no. 1 and he may be directed to take a decision on the urgency application of the petitioner within the time fixed by this Court.

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On the request of learned counsel for the petitioner and without entering into the merits of the case, the present petition is disposed of with liberty to the petitioner to move a fresh urgency application before learned opposite party no. 1 i.e. Civil Judge (Junior Division) Haweli, Faizabad in Original Suit No. 1224 of 2022 titled as Mausoof versus Anoop Kumar and others. If any fresh urgency application is preferred by the petitioner, it is expected that opposite party no.1 shall make endeavour to decide the urgency application expeditiously in accordance with law, after giving opportunity of hearing to the parties concerned and

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without granting any unnecessary adjournment to either of the parties.

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Order Date :- 9.7.2024 DiVYa

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

Anoop Kumar Singh @ Anoop Kumar v. Civil Judge Junior Division Haweli Faizabad and Another

Case brief

What is this about?

What did the court decide?

Anoop Kumar Singh @ Anoop Kumar v. Civil Judge Junior Division Haweli Faizabad and Another

Case brief

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