Disposed

Chandramani Dubey v. Civil Judge (Jr. Div. ) Narth Room No. 25 Sultanpur and 3 Others

Allahabad HC9 Jul 2024A227/3118/2024

Case brief

AI extract

What is this about?

The petitioner sought a direction under Article 227 for the expeditious disposal of a pending suit. The Court, without adjudicating merits, disposed of the petition granting liberty to file an urgency application in the lower court with a direction for expeditious hearing of said application.

What did the court decide?

Liberty granted to petitioner to move an urgency application for early disposal of the suit before the trial court; trial court directed to decide such application expeditiously.

Chandramani Dubey vs Civil Judge (Jr. Div… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:46546

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Court No. - 19

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Case :- MATTERS UNDER ARTICLE 227 No. - 3118 of 2024

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Petitioner :- Chandramani Dubey Respondent :- Civil Judge (Jr. Div. ) Narth Room No. 25 Sultanpur And 3 Others

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Counsel for Petitioner :- Dharmendra Kumar,Rakesh Kumar

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the parties and gone through the record of the case.

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Learned counsel for the petitioner has submitted that the present writ petition has been preferred for issuing direction to the respondent no. 1/Civil Judge (Junior Division), North Room No. 25, Sultanpur to decide the Regular Suit No. 272 of 2021, ( Chandramani Dubey Vs. Sudharani and others), which is pending since 09.06.2021, within a stipulated time as this Hon'ble Court may fix.

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It is further submitted that the said suit has been filed for declaration and for permanent injunction. In the said suit, the written statement has already been filed by the respondents on 18.03.2023.

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On being specifically asked from learned counsel for the petitioner that whether petitioner has preferred any application for early disposal of the suit by showing urgency in the matter before the Court concerned, it has been replied by learned counsel for the petitioner that no such application has been preferred before the Court concerned and petitioner has approached this Court directly for deciding the suit expeditiously.

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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 an urgency application for early disposal of the suit before the Court concerned and if any such application is preferred by the petitioner the same may be decided within the stipulated time fix by this Court.

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Learned Standing Counsel has no objection to the prayer made by learned counsel for the petitioner.

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On the request of learned counsel for the petitioner and without entering into the merit of the case, the present petition is disposed of with liberty to the petitioner to move an urgency

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application for early disposal of aforesaid suit before the respondent no. 1. If any such application is preferred, it is expected that the respondent no. 1 shall decide the urgency application preferred by the petitioner expeditiously in accordance with law, after giving opportunity of hearing to the parties concerned and without providing any unnecessary adjournment to either of the parties.

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Order Date :- 9.7.2024 Nitesh

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

Chandramani Dubey v. Civil Judge (Jr. Div. ) Narth Room No. 25 Sultanpur and 3 Others

Case brief

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Chandramani Dubey v. Civil Judge (Jr. Div. ) Narth Room No. 25 Sultanpur and 3 Others

Case brief

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