Rahmanul HUDA and 3 Others Vs Civil Judge (Junior… — Writ and Judicial Review | Allahabad HC (2024)

Rahmanul HUDA and 3 Others Vs Civil Judge (Junior… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Direction to the learned Civil Judge (J.D.), Balrampur to proceed with Regular Suit No.243 of 2020 expeditiously without granting any unnecessary adjournment to any of the parties; petitioner's counsel directed to strike out the Civil Judge's name from the array of opposite parties and renumber the opposite parties forthwith.

Issue for consideration

Whether a direction should be issued to the learned Civil Judge (J.D.), Balrampur for expeditious disposal of Regular Suit No.243 of 2020, in view of the temporary injunction operating against the petitioners and the repeated adjournments of the suit. +1 more

Court's answer

In view of the temporary injunction operating against the petitioners and the suit having been adjourned on numerous occasions without recording any reason since the plaint amendment was allowed on 24.02.2023, the petition was disposed of with a direction to the Civil Judge (J.D.), Balrampur to proceed with Regular Suit No.243 of 2020 expeditiously without granting any unnecessary adjournment to any of the parties.

Ratio / Principle

Following the law laid down by the Supreme Court in Savitri Devi (1999) 2 SCC 577 and Jogendrasinhji Vijaysinghji (2015) 9 SCC 1, Civil Courts ought not to be impleaded as opposite parties to petitions filed in the High Courts; learned counsel for the petitioners was directed to strike out the name of the Civil Judge (J.D.), Balrampur from the array of opposite parties and renumber the opposite parties forthwith.

Detailed headnote1 paragraphs

Writ petition under Article 227 of the Constitution of India seeking a direction to the Civil Judge (J.D.), Balrampur for expeditious disposal of Regular Suit No.243 of 2020, a suit for perpetual injunction filed by opposite parties Tahir Husain and Mohd. Siraj in which a temporary injunction was granted by order dated 22.02.2022 operating against the petitioners. Held: (i) as per the law laid down in Savitri Devi Vs. District Judge, Gorakhpur, (1999) 2 SCC 577 and Jogendrasinhji Vijaysinghji v. State of Gujrat, (2015) 9 SCC 1, Civil Courts ought not to be impleaded as opposite parties to petitions filed in the High Courts; counsel for the petitioners was directed to strike out the Civil Judge's name from the array of opposite parties and renumber; (ii) although issues were framed on 21.05.2022 and the plaintiff's amendment application was allowed on 24.02.2023, the case had been adjourned on numerous occasions without recording any reason; the petition was disposed of with a direction to the trial court to proceed with the suit expeditiously, without granting any unnecessary adjournment to any of the parties.

Neutral Citation No. - 2024:AHC-LKO:63110

Court No. - 19

Case :- MATTERS UNDER ARTICLE 227 No. - 4370 of 2024

Petitioner :- Rahmanul Huda And 3 Others Respondent :- Civil Judge (Junior Division) Balrampur And 4 Others Counsel for Petitioner :- Mohd. Waris Farooqui

Hon'ble Subhash Vidyarthi,J.

Heard Shri Mohd. Waris Farooqui, learned counsel for the petitioners.

The petitioners have impleaded the learned Civil Judge (J.D.), Balrampur in the array of opposite parties, whereas as per law laid down by the Hon'ble Supreme Court in Savitri Devi Vs. District Judge, Gorakhpur ; (1999) 2 SCC 577 and in Jogendrasinhji Vijaysinghji v. State of Gujrat , (2015) 9 SCC 1, the Civil Courts ought not to be impleaded as opposite parties to the petitions filed in the High Courts.

Accordingly, learned counsel for the petitioners is directed to strike out the name of learned Civil Judge (J.D.), Balrampur from the array of opposite parties and renumber the opposite parties forthwith.

By means of the instant writ petition filed under Article 227 of the Constitution of India, the petitioners have sought issuance of a direction to the learned Civil Judge (J.D.), Balrampur for expeditious disposal of the Regular Suit No.243 of 2020.

The opposite parties namely, Tahir Husain and Mohd. Siraj have filed the aforesaid suit for perpetual injunction and the Court has granted a temporary injunction in their favour by means of an order dated 22.02.2022.

Submission of the learned counsel for the petitioners is that as an order of temporary injunction is operating against the petitioners, which is causing prejudice to them, it would be expedient in the interest of justice that the suit is decided expeditiously.

A perusal of the order sheet of the suit indicates that the trial Court framed issued on 21.05.2022 and thereafter, the matter

was fixed for 27.09.2022 for recording evidence of the plaintiff. Thereafter, on 27.09.2022, the plaintiff filed an application for amendment of the plaint, which was allowed by means of an order dated 24.02.2023. Since then, the case has repetitively been fixed for recording evidence but it has been adjourned on numerous occasions, without recording any reason.

In view of the aforesaid discussion, the petition is disposed of by issuing a direction to the learned Civil Judge (J.D.), Balrampur to proceed with the Regular Suit No.243 of 2020 expeditiously, without granting any unnecessary adjournment to any of the parties.

[Subhash Vidyarthi,J.]

Order Date :- 12.9.2024

-Amit K-

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