Allahabad High Court
Lucknow Development Authority,Lko. ... vs Kuldeep Raj Gupta & Ors. on 26 August, 2021
Author: Vivek Chaudhary
Bench: Vivek Chaudhary
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 8 Case :- MISC. SINGLE No. - 18262 of 2021 Petitioner :- Lucknow Development Authority,Lko. Thru. Its Secy. & Ors. Respondent :- Kuldeep Raj Gupta & Ors. Counsel for Petitioner :- Shobhit Mohan Shukla Counsel for Respondent :- C.S.C.,Namit Sharma Hon'ble Vivek Chaudhary,J.
Heard learned counsel for petitioners, learned standing counsel who has accepted notice for respondent No.6. Sri Dvijendra Mishra Advocate has put in appearance for respondent No.5, Commissioner, Municipal Corporation, Lucknow. Since there is limited prayer for expeditious disposal of the case, the notices to the respondent No.1 to 3 are not required to be issued at this stage.
The sole prayer of the petitioners in this present petition is that Civil Suit No.217 of 2009 is pending before the respondent No.4 Civil Judge (Senior Division), Court No.20, Lucknow for last around 12 years and in the said suit, an application under Order IX Rule 7 of CPC filed on 28.7.2011 and another application under Order 39 Rule 2A of CPC both are also pending. Learned counsel for petitioners prays that both the applications may be expedited and decided.
Learned standing counsel and learned counsel for respondent No.5 have no objection to the said limited prayer of the petitioners.
This Court on administrative side, has already issued directed the Courts below that the suit pending since more than 5 years should be decided expeditiously without any further delay. Since the matter is pending since 12 years, it would be appropriate to direct the Court concerned to decide the said suit and the applications expeditiously.
It is pointed out by the learned counsel for petitioners that the Court where the suit is pending, is vacant. It is open for the petitioners to approach the District Judge, Lucknow who shall ensure that the compliance of the order of this Court is done by placing the suit before any other appropriate Court if required, for expeditious disposal after hearing all the parties concerned. The Court concerned, shall proceed the decide the same expeditiously and not grant any unnecessary adjournment in the aforesaid case including the ground of strike by lawyers.
With the aforesaid, present petition is disposed of.
Order Date :- 26.8.2021 Rajneesh JR-PS) (Vivek Chaudhary, J.)