Dismissed

Atul Kumar and 3 Others v. Anghad and 16 Others

Allahabad HC19 Jul 2024A227/3293/2024

Case brief

AI extract

What is this about?

Petition filed under Article 227 directed Small Causes Court Faizabad/Ayodhya to decide a 2010 Injunction Suit. Liberty granted to petitioners to file an urgency application for early disposal which the lower court must expedite.

What did the court decide?

Petition dismissed with liberty to move an urgency application for early disposal of the suit before the Small Causes Court Faizabad/Ayodhya.

Atul Kumar and 3 Others vs Anghad and 16… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:48805

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Court No. - 19

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Case :- MATTERS UNDER ARTICLE 227 No. - 3293 of 2024

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Petitioner :- Atul Kumar And 3 Others Respondent :- Anghad And 16 Others Counsel for Petitioner :- Om Prakash Srivastava,Atul Kumar Srivastava,Imtishal Shah,Pradeep Kumar

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Hon'ble Manish Kumar,J.

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Heard.

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Learned counsel for the petitioners has submitted that the present petition has been preferred for issuing a direction to the Small Causes Court Faizabad/Ayodhya to decide the Injunction Suit No. 491 of 2010 (Ram Sahay and others Vs. Ram Laut and others) preferred by the petitioners, which is pending since the year 2010 within the time as specified by this Court.

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On being asked from the learned counsel for the petitioner whether petitioners have preferred any urgency application for early disposal of the aforesaid suit, learned counsel for the petitioners has replied that no such application has been preferred before the Court concerned and petitioners have approached this Court directly for deciding the case expeditiously.

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At this stage, learned counsel for the petitioners has submitted that present petition may be disposed of with a liberty to the petitioners to move an urgency application for early disposal of the aforesaid suit before the Court concerned and if any such application is preferred by the petitioners the same may be decided by the Court concerned 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 petitioners.

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On the request of learned counsel for the petitioners and without entering into the merit of the case, the present petition is disposed of with liberty to the petitioners to move an urgency application for early disposal of aforesaid suit before the Small Causes Court Faizabad/Ayodhya. If any such application is preferred, it is expected that Small Causes Court

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Faizabad/Ayodhya shall decide the urgency application preferred by the petitioners looking into the urgency mentioned therein expeditiously taking into consideration that the matter is an old matter pertaining to the year 2010, in accordance with law, after giving opportunity of hearing to the parties concerned, in case there is no legal impediment and if any adjournment is unavoidable only short adjournment may be given.

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Order Date :- 19.7.2024 Ashish

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Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Atul Kumar and 3 Others v. Anghad and 16 Others

Case brief

What is this about?

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Atul Kumar and 3 Others v. Anghad and 16 Others

Case brief

What is this about?

What did the court decide?

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