Disposed

Hakeekullah v. Civil Judge (Junior Division)/ F.T.C. New, Distt. Gonda and Another

Allahabad HC26 Feb 2024/734/2024

Case brief

AI extract

What is this about?

Single judge of Allahabad High Court disposed of a writ petition under Article 227 seeking expedited trial of a civil suit. The court directed the trial court to decide the matter expeditiously without unnecessary adjournments.

What did the court decide?

Directing the trial court to decide the suit expeditiously without unnecessary adjournments.

Hakeekullah Vs Civil Judge (Junior… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:16991

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 734 of 2024

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Petitioner :- Hakeekullah Respondent :- Civil Judge (Junior Division)/ F.T.C. New, Distt. Gonda And Another Counsel for Petitioner :- Amrendra Kumar

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioner.

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In furtherance of the order dated 16.02.2024, the petitioner has filed a supplementary-afÏdavit which is on record alongwith which the certified copy of the written statement filed by the petitioner who is the defendant in suit has been brought on record.

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Submission of the counsel for the petitioner is that the private respondent has filed a suit for injunction wherein the written statement was also filed by the petitioner. However, the proceedings are being installed at the behest of the private respondent and even the issues have not been framed since filing of the written statement on 18.08.2022 and in the aforesaid circumstances, it is prayed that some expedite order be passed.

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In view of the order proposed by the Court, notice to the private respondent no.2 is dispensed with.

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Having considered the aforesaid submissions and from the perusal of the material on record, this Court finds that no gainful purpose will be served in keeping the petition pending rather ends of justice can be met by directing the Court seized of Regular Suit No.1825 of 2019 to be expedited and the trial court shall decide the suit as expeditiously as possible after affording full opportunity of hearing to the parties but without granting any unnecessary adjournments.

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It is made clear that the Court has not examined the case of either of the parties on merits and the

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suit shall be decided strictly in accordance with law.

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With the aforesaid, the petition is disposed of .

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Order Date :- 26.2.2024 ank

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Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench

Hakeekullah v. Civil Judge (Junior Division)/ F.T.C. New, Distt. Gonda and Another

Case brief

What is this about?

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Hakeekullah v. Civil Judge (Junior Division)/ F.T.C. New, Distt. Gonda and Another

Case brief

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What did the court decide?

What the court decided

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