Allahabad High Court
Awadhesh Kumar vs Civil Judge (S.D.) Dist. Gonda And 4 ... on 18 May, 2023
Author: Manish Mathur
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:34622 Court No. - 21 Case :- MATTERS UNDER ARTICLE 227 No. - 2562 of 2023 Petitioner :- Awadhesh Kumar Respondent :- Civil Judge (S.D.) Dist. Gonda And 4 Others Counsel for Petitioner :- Pradeep Kumar Shukla Hon'ble Manish Mathur,J.
Learned counsel for petitioner prays for and is granted liberty to amend the prayer clause regarding year of miscellaneous case, during course of day.
Heard learned counsel for petitioner. 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 application filed by petitioner under Order 39 Rule 2-A of the Code of Civil Procedure in Misc. Case No.48 of 2020.
Learned counsel for petitioner submits that he had initially filed regular suit for permanent injunction registered as regular suit No.715 of 2019 in which interim injunction was granted but since defendants were not complying with the same, the aforesaid application for contempt has been filed and is pending consideration in which defendants have already put in appearance but since only general dates are being allocated, expedite orders are required to be passed.
Considering submissions advanced by learned counsel for petitioner, opposite party No. 1 i.e. Civil Judge (S.D.), District Gonda is directed to decide application filed under Order 39 Rule 2-A of the code in Misc. case No. 48 of 2020 (Awadhesh Kumar versus Shyam Sundar) expeditiously preferably within a period of one year from the date a certified copy of this order is brought on record of proceedings without granting any undue adjournment to either parties and in case there is no legal impediment.
Benefit of this order shall be available to the petitioner only in case he cooperates with the proceedings.
With the aforesaid directions, the petition stands disposed of.
Order Date :- 18.5.2023 prabhat