HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 22 Case :- MATTERS UNDER ARTICLE 227 No. - 1462 of 2023 Petitioner :- Havaldar Respondent :- Civil Judge Junior Division Barabanki And 11 Others Counsel for Petitioner :- Alok Kumar Hon'ble Manish Mathur,J.
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 restoration application dated 5th April, 2019 filed in regular suit No.1191 of 2011 filed by petitioner for permanent and mandatory injunction which was decided ex parte by means of judgment and order dated 20th November, 2018 in which aforesaid application is pending consideration.
Learned counsel for petitioner submits that with regard to aforesaid application, objections have already been filed but the application is pending consideration for past about four years and as such expedite directions are required.
Considering submissions advanced by learned counsel for petitioner, the opposite party No.1 i.e. Civil Judge (Junior Division), Barabanki is directed to consider and decide application under Order 9 Rule 13 of the Code filed in regular suit No.1191 of 2011 (Havaldar versus Laxmi and others) expeditiously, preferably within a period of six weeks from the date a certified copy of this order is brought on record of the proceedings without granting any undue adjournment to either parties and in case there is no other 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 :- 27.3.2023 prabhat