Allahabad High Court
Jai Shankar Sahkari Awas Samiti Ltd. ... vs Addl. Civil Judge (Senior Division) ... on 29 June, 2022
Author: Jaspreet Singh
Bench: Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 20 Case :- MATTERS UNDER ARTICLE 227 No. - 2219 of 2022 Petitioner :- Jai Shankar Sahkari Awas Samiti Ltd. Lko. Thru. Its Secretary/President Respondent :- Addl. Civil Judge (Senior Division) Court No. 20, Lko. And 3 Others Counsel for Petitioner :- Sandeep Tewari,Rashmi Singh Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J.
Heard learned counsel for the petitioner.
Notices on behalf of opposite party no. 4 has been accepted by the office of the Chief Standing Counsel.
By means of the instant petition the petitioner prays for the following reliefs, which read as under:
" To direct the Opposite Party No. 1/competent court to decide the restoration application filed by the petitioner on 18/02/2013 expeditiously which is pending before the Opposite Party No. 1 as contained in Annexure No. 4 to this petition.
2. To direct the Opposite Party No. 4 to restrain the opposite party no. 2 from illegal construction continuously and forcefully done over the plot owned by the petitioner till the pendency of this restoration application before the Opposite Party No. 1."
Submission of the learned counsel for the petitioner is that a suit has already been instituted which is pending before the Addl. Civil Judge (Senior Judge), Court No. 20, Lucknow. It has further been prayed that the said suit had been dismissed for want of prosecution and a restoration application had been moved which is pending since 18.2.2013. It is also urged that the court is vacant since 2019, however, the extracts of the ordersheet, which has been brought on record, does not indicate or buttress the aforesaid fact.
Be that as it may, considering the statement of the learned counsel for the petitioner that the court concerned is vacant, even in that circumstance no expedite order can be passed. It will be appropriate for the petitioner to take recourse as is available to him in law.
In the aforesaid circumstances the court declines to pass any expedite order. The writ petition stands dismissed, however, in case if at any future stage any cause arises for the petitioner to seek expedition, to that extent liberty is being granted to the petitioner.
Order Date :- 29.6.2022/A.Nigam