Allahabad High Court
Rajesh Kumar,And 2 Others vs Civil Judge (Junior Division), Court ... on 3 March, 2023
Author: Manish Mathur
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 21 Case :- MATTERS UNDER ARTICLE 227 No. - 1136 of 2023 Petitioner :- Rajesh Kumar,And 2 Others Respondent :- Civil Judge (Junior Division), Court No. 25 Distt. Sultanpur, And 2 Others Counsel for Petitioner :- Piyush Pathak,Vipul Tripathi Hon'ble Manish Mathur,J.
Heard learned counsel for petitioners. In view of order being passed, notices to opposite parties stand dispensed with.
Petition under Article 227 of Constitution of India has been filed seeking a direction to the court concerned for expeditious disposal of regular suit No. 248 of 2019 filed by opposite party No.2 for partition and permanent injunction.
Learned counsel for petitioners submits that petitioners being defendants have already put in appearance in the suit proceedings and filed their written statement but some of the defendants are yet put to their appearance and therefore issues have not yet been framed in the suit proceedings.
Considering submissions advanced by learned counsel for petitioners, it appears that suit proceedings are the very inception, no specific time frame can be directed at this stage. However the Civil Judge (Junior Division), North, Court No. 25, Sultanpur is directed to decide the suit proceedings of regular suit No. 248 of 2019 (Awadesh Kumar versus Rajesh Kumar and others) expeditiously without granting any undue adjournment to either parties.
Benefit of this order shall be available to the petitioners only in case they cooperate with the proceedings.
Liberty is granted to petitioners to approach this court again in case there is inordinate delay in decision of suit proceedings.
With the aforesaid directions, the petition stands disposed of.
Order Date :- 3.3.2023 prabhat