Disposed

Ranno Devi v. Krishna Dev and 7 Others

Allahabad HC10 Jan 2024A227/73/2024

Case brief

AI extract

What is this about?

The petitioner sought expeditious disposal of an injunction application pending in a suit filed in 1998. The High Court dispensed with notice and disposed of the petition by directing the trial court to expeditiously decide both the injunction application and the pending suit.

What did the court decide?

Direction to the trial court to expeditiously decide the pending application for injunction and the suit filed in 1998 without unnecessary adjournments.

Ranno Devi vs Krishna Dev and 7 Others — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:7010

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 73 of 2024

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Petitioner :- Ranno Devi Respondent :- Krishna Dev And 7 Others Counsel for Petitioner :- Yogesh Kumar Mishra,Dharmendra Kumar Yadav

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioner.

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In light of the order proposed to be passed by this Court, notice to the private-respondents No.1 to 8 is dispensed with.

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By means of the instant petition, the petitioner seeks expeditious disposal of his application under Order 39 Rule 1 and 2 CPC filed on 25.07.2023 in a suit bearing No.1491 of 1998.

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This Court by means of order dated 11.01.2024 had passed the following order which reads as under:

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"The petitioner has approached this Court seeking remedy for expeditious disposal of an application filed under Order 39 Rule 1 and 2 CPC pending before the Civil Court, F.T.C. Court (Senior Division) Sultanpur in Suit No.1491 of 1998. The petitioner has not brought on record the entire order-sheet rather the order-sheet has been filed which relates to a period commencing from 03.05.2023 on wards.

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Be that as it may, what disturbs the Court is the fact that the suit of the year 1998 is still pending, accordingly the Senior Registrar of this Court shall seek the report through the District Judge concerned from the Presiding Officer as to why the aforesaid suit has been pending since 1998 and its current status as well as what efforts are being made for its expeditious disposal.

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List this matter again on 24th of January, 2024, as fresh alongwith report. "

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In furtherance thereof the report of the court concerned has been placed on record wherein various details have been mentioned, including the fact that the evidence had commenced, however, on account of certain reasons the matter could not be taken to its logical conclusion. The court concerned has also pointed out that the application under Order 39 Rule 1 and 2 CPC is being taken up on priority and shall be decided as expeditiously as possible.

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Considering the aforesaid, this Court does not deem appropriate to keep the matter pending rather the petition is disposed of with a direction to the petitioner to approach the court concerned and presses his application for injunction, the court also, after affording full opportunity of hearing to the parties but without granting any unnecessary adjournments, shall expeditiously dispose of the said application and also endeavour to decide the suit which is pending since 1998. If any of the parties to the suit tries to misuse the liberty or seeks unnecessary adjournment, the trial court shall be at liberty of passing appropriate orders.

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It is made clear that the Court has not examined the case of either of the parties on merits and the court concerned shall decide the same strictly in accordance with law.

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With the aforesaid, the petition is disposed of .

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Order Date :- 24.1.2024 KR

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

Ranno Devi v. Krishna Dev and 7 Others

Case brief

What is this about?

What did the court decide?

Ranno Devi v. Krishna Dev and 7 Others

Case brief

What is this about?

What did the court decide?

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