Disposed

Ram Nayak Alias Ram Nayak Tiwari and Another v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and 9 Others

Allahabad HC19 Jan 2024A227/256/2024

Case brief

AI extract

What is this about?

In a writ petition under Article 227 seeking an order for expedition of a pending civil suit, the Court declined to intervene as no deliberate delay was indicated. The Court advised the petitioners to approach the trial court directly, leaving the application for expedition open for future consideration.

What did the court decide?

Petition for expedition dismissed; advised to file application before the trial court.

Ram Nayak Alias Ram Nayak Tiwari and… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:5555

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 256 of 2024

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Petitioner :- Ram Nayak Alias Ram Nayak Tiwari And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And 9 Others Counsel for Petitioner :- Surendra Singh Counsel for Respondent :- C.S.C.

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioners. He has filed the instant petition seeking expedition of suit bearing No.1456 of 2017 pending before the Fast Track Court (Junior Division), Sultanpur.

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It is submitted by the counsel for the petitioners that earlier he had filed the petition under Article 227 of the Constitution of India bearing No.18 of 2024 which came to be dismissed by the Court with liberty to the petitioners to approach the Court, in case, if any cause of action for expedition arises in future and it is in view thereof that the instant petition has been filed.

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It has been pointed out that the defendants to the suit were noticed through publication and by means of order dated 28.10.2022 the service upon the private respondent who are the defendants in suit was deemed sufficient. Thereafter the matter is being listed repeatedly but neither the suit has been set ex parte against the private respondents. It is in the aforesaid circumstances, it is submitted that the proceedings be expedited.

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Having considered the aforesaid submissions and from the perusal of the extract of the order-sheet, it indicates that the petitioners had filed the suit for permanent injunction where the petitioners are already enjoying the temporary injunction which is being extended on each date. The service on the private respondents/defendants of the suit was found sufficient by publication only on 28.10.2022.

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Since the extract of the order-sheet does not indicate any deliberate delay, accordingly this Court is not inclined to entertain the aforesaid petition for expedition. Leaving it open for the petitioners to move the court concerned by filing an application for expedition and in case, if such application is moved by the petitioners, the same shall be considered by the court and appropriate order be passed thereon considering the various circulars passed by the High Court on the administrative side relating to expedition for suit.

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It is made clear that the Court has not expressed any opinion on merits and the court concerned shall decide the matter in light of the observations made above.

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With the above, the petition is disposed of .

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Order Date :- 19.1.2024 ank

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

Ram Nayak Alias Ram Nayak Tiwari and Another v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and 9 Others

Case brief

What is this about?

What did the court decide?

Ram Nayak Alias Ram Nayak Tiwari and Another v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and 9 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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