In this writ petition under Article 227, the petitioner sought expeditious disposal of a civil suit pending since 2022 to protect property. The Court noted lack of substantial proceedings and refusal to grant expedition at this stage.
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Neutral Citation No. - 2024:AHC-LKO:15266
Court No. - 8
Case :- MATTERS UNDER ARTICLE 227 No. - 743 of 2024
Petitioner :- Smt. Mamta Gaur And 2 Others Respondent :- Civil Judge/Small Cause Court, Room No. 18, Distt. Lucknow And 3 Others Counsel for Petitioner :- Rakesh Pratap Singh,Mahesh Prasad Pal
Counsel for Respondent :- C.S.C.
Hon'ble Jaspreet Singh,J.
Heard learned counsel for the petitioners as well as the learned Standing Counsel for the State-respondents.
By means of the instant petition, the petitioner seeks expeditious disposal of the suit bearing R.S. No. 546 of 2022.
The submission of learned counsel for the petitioners is that he had filed the suit seeking a decree of injunction as well as the declaration, however, the same has to be expedited as the property in question is sought to be attached by the respondents in the suit.
Having heard the learned counsel for the petitioner and from the perusal of the material on record, it appears that certain securitization proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 pending against the petitioner wherein he has taken recourse by filing a petition under Section 17 of the Act of 2002, however, that may not detain the court for long, inasmuch as, the prayer in the instant petition is for expedition of the suit.
Having noticed the aforesaid as well as finding that the issues were framed on 06.01.2023 and thereafter no substantial proceedings have been done nor there is any material on record to indicate that the petitioner has filed its affidavits, hence, this Court is not inclined to pass any order for expedition in the suit relating to the year 2022 at this stage, leaving it open for the petitioner to move an appropriate application before the court concerned and in case if such an application is moved, the court concerned shall consider and decide the same as per law.
It is also made clear that in case if any cause for expedition arises in future relating to the suit of the year 2022, the instant
order may not come in way of the petitioner.
With the aforesaid, the petition is disposed of .
Order Date :- 20.2.2024 Asheesh
Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the High Court should pass an order for expedited disposal of the pending civil suit to prevent attachment of property.
Smt. Mamta Gaur And 2 Others
Civil Judge/Small Cause Court, Room No. 18, Distt. Lucknow And 3 Others
Jaspreet Singh
As recorded by the court registry
3 orders share this CNR
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