In a matter under Article 227, the petition for expedition of an injunction application in an old suit filed in 2016 was dismissed because the petitioner informed the Court that he did not wish to press the petition.
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Neutral Citation No. - 2024:AHC-LKO:9274
Court No. - 8
Case :- MATTERS UNDER ARTICLE 227 No. - 115 of 2024
Petitioner :- Paras Nath Tiwari Respondent :- Civil Judge (Senior Division) Room No.15 Distt. Sultanpur And 2 Others Counsel for Petitioner :- Narendra Pratap Mishra,Shyam Lal Mishra
Counsel for Respondent :- C.S.C.,Mohan Singh
Hon'ble Jaspreet Singh,J.
"Heard learned counsel for the petitioner. Notice on behalf of the respondent No.2 has been accepted by the office of Chief Standing Counsel. Shri Mohan Singh, learned counsel has accepted notice for the respondent No.3.
The instant petition has been preferred by the petitioner seeking expedition of an application under Order 39 Rules 1 and 2 CPC in respect of a suit which was filed in the year 2016.
Learned counsel for the petitioner has drawn the attention of the Court to the extracts of the order-sheets as well as plaint which indicates that it is only the State parties which are the defendants. Both the State and the Land Management Committee are duly represented in the District Courts by the designated counsel. However, the record as filed by the petitioner indicates that despite the suit was filed in the year 2016, yet no written statement/objections to the application under Order 39 Rules 1 and 2 CPC has been filed by the State as well as counsel for the Land Management Committee.
Since both the State and Land Management Committee are represented by their standing counsel, they are allowed two days' time to seek instructions in the matter and inform the Court as to why they have not filed their written statement in a suit filed in the year 2016.
List this matter again on 18.01.2024 as fresh ."
Order Date :- 1.2.2024 KR
Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench
2 provisions across 2 enactments
Paras Nath Tiwari
Civil Judge (Senior Division) Room No.15 Distt. Sultanpur
Jaspreet Singh
As recorded by the court registry
4 orders share this CNR
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