Allahabad High Court
Maa Shyama Devi Academy, Amethi Thru. ... vs Civil Judge(Junior Division), Court ... on 12 December, 2022
Author: Jaspreet Singh
Bench: Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 4831 of 2022 Petitioner :- Maa Shyama Devi Academy, Amethi Thru. Its Manager Neelima Pandey Respondent :- Civil Judge(Junior Division), Court No. 18, Raebareli And Others Counsel for Petitioner :- Shesh Narain Pandey,Renu Tripathi Hon'ble Jaspreet Singh,J.
Heard Sri Shesh Narayan Pandey, learned counsel for the petitioner.
By means of the instant petition, the petitioner prays for the following relief:-
"(a)- ISSUE, order or direction directing and commanding the Opp. Party No. 1 to decide and pass the order on application dated 01.04.2022 as AnnexureNo. 1, for Re-Commission on spot in dispute and to maintain status-quo, as order passed by the learned court/opp. party no. 1, dated 28.07.2022 as Annexure No. 7, which is pending before the learned court Civil Judge, J.D., Court No. 18, Raebareli in Regular Suit No. 1774 of 2020 (Maa Shyama Devi Academy Vs. Aditya Narayan Pandey and others), within the time as stipulated by this Hon'ble Court."
A specific query was put to the learned counsel for the petitioner to indicate which application for commission is pending upon which the order is required to be passed by the Court concerned to which attention of the Court was drawn to Annexure No. 1. Apparently, having taken a look at that, it appears that the application which is brought on record as Annexure No. 1 and 2 is purely an application for seeking early hearing and for pre-ponement of the date. On the said application, already orders have been passed.
This Court further finds that a commission report is already available on record as Annexure No. 6 and there does not appear to be any application on record whereby the petitioner has sought a fresh commission.
Considering the aforesaid as well as the prayer, the petition is absolutely misconceived and is dismissed.
Order Date :- 12.12.2022 Asheesh