Disposed

Shyam Murti v. Addl. Civil Judge (J.D.) Court NO.29, Sultanpur and Others

Allahabad HC6 Aug 2024A227/3637/2024

Case brief

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What is this about?

Petition under Article 227 seeking direction to the trial court to expedite disposal of a pending suit for permanent injunction. No urgency application had been filed below; the High Court disposed of the petition with liberty to move an urgency application, which is to be decided expeditiously in accordance with law.

What the court decided

AI extract

Shyam Murti vs Addl. Civil Judge (J.D.)… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:53801

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Court No. - 19

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Case :- MATTERS UNDER ARTICLE 227 No. - 3637 of 2024

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Petitioner :- Shyam Murti

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Respondent :- Addl. Civil Judge (J.D.) Court No.29, Sultanpur And Others

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Counsel for Petitioner :- Ram Kushal Tiwari

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Hon'ble Manish Kumar,J.

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Heard.

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Learned counsel for the petitioner has submitted that the present petition has been preferred for issuing directions to the respondent no.1 i.e. Additional Civil Judge (Junior Division) Court No.29, Sultanpur to decide the Original Suit No.1165 of 2002 (Jagdish Prasad & Ors. vs. Raj Bahadur & Ors.) for permanent injunction, in which the petitioner is defendant no.2, within the stipulated time as this Court may fix.

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It is further submitted that the petitioner has already filed his written statement on 07.07.2012 thereafter the issues were framed on 28.03.2014 and one of the issues framed by the trial court was with regard to the valuation of the suit and it was decided on 20.02.2020 against the respondent nos.2 to 6 and they were directed to file an amendment application. The amendment was filed in the year, 2022 and the same was allowed by order dated 10.06.2022 and since then the matter is pending, mostly the general dates are being given and lastly, the matter is fixed for hearing on the application 109ka2 for temporary injunction.

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On being asked from the learned counsel for the petitioner whether petitioner has preferred any urgency application for early disposal of the aforesaid original suit, learned counsel for

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the petitioner has replied 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 aforesaid original suit before the Court concerned and if any such application is preferred by the petitioner the same may be decided by the respondent no.1 within the stipulated time fix by this Court.

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On the request of learned counsel for the petitioner and without entering into the merits of the case, the present petition is disposed of with liberty to the petitioner to move an urgency application for early disposal of aforesaid original suit before the respondent no.1. If any such application is preferred, it is expected that respondent no.1 shall decide the urgency application preferred by the petitioner looking into the urgency mentioned therein expeditiously in accordance with law, after giving opportunity of hearing to the parties concerned, in case there is no any other legal impediment and if any adjournment is unavoidable only short adjournment may be given.

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Order Date :- 6.8.2024 Mohd. Sharif

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Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench

Shyam Murti v. Addl. Civil Judge (J.D.) Court NO.29, Sultanpur and Others

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Shyam Murti v. Addl. Civil Judge (J.D.) Court NO.29, Sultanpur and Others

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