Allahabad High Court
Rakesh Seth And Another vs Shreshthaveer Bhatnagar And 4 ... on 17 February, 2021
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- MATTERS UNDER ARTICLE 227 No. - 4141 of 2017
Petitioner :- Rakesh Seth And Another
Respondent :- Shreshthaveer Bhatnagar And 4 Others
Counsel for Petitioner :- Nasim Uddin,Adeel Ahmad Khan,Kshitij Shailendra,Ram Milan Mishra
Counsel for Respondent :- Pawan Kumar Shukla
With
Case :- MATTERS UNDER ARTICLE 227 No. - 4714 of 2020
Petitioner :- Rakesh Seth
Respondent :- Shresthveer Bhatnagar And 5 Others
Counsel for Petitioner :- Ram Milan Mishra
Counsel for Respondent :- Pawan Kumar Shukla
With
Case :- MATTERS UNDER ARTICLE 227 No. - 6201 of 2017
Petitioner :- Rakesh Seth And Another
Respondent :- Shreshthveer Bhatnagar And 4 Others
Counsel for Petitioner :- Kshitij Shailendra,Ram Milan Mishra
Counsel for Respondent :- Pawan Kumar Shukla
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioners and Mr. Pawan Kumar Shukla, counsel for the contesting-respondents.
The present matter under Article 227 No. 4141 of 2017 has been filed inter-alia with the following prayers :-
i) Issue a writ, order or direction in the nature of certiorari quashing the order dated 16.05.2017 passed by the District Judge, Moradabad in Misc. Appeal No.35/2015 (Shreshthaveer Bhatnagar and other Vs. Rakesh Seth and others).
ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to not interfere in peaceful possession to the petitioner on the land dispute."
The matter under Article 227 No. 4714 of 2020 has been filed inter-alia with the following prayers :-
"1. Issue an order or direction in suitable nature setting aside the judgment and order dated 23.10.20 passed by Civil Judge, (Senior Division)/F.T.C., Moradabad in O.S. No.373/2013 (Rakesh Seth and another Vs Shreshthaveer and others). (Annexure No.9) to the petition).
2. Issue an order or direction in suitable nature directing the respondents/defendants not to interfere in peaceful possession of petitioner/plaintiffs over the disputed land and not raise any constructions and alienate the same."
The matter under Article 227 No. 4714 of 2020 has been filed inter-alia with the following prayers :-
" i) kindly set aside the impugned order dated 16.09.2017 passed by District Judge, Moradabad in Misc. Civil Appeal No. 35 of 2015 (Shresthveer Bhatnagar and others Vs. Rakesh Seth and another) (Annexure No. 10 to the petition);
ii) kindly issue a direction directing the parties to maintain status quo during the pendency of the suit as directed by the Civil Judge (Senior Division), Moradabad and to finally decide the Original Suit No. 373 of 2013 as expeditiously as possible and within shortest possible time frame which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case ;"
After some arguments counsel for the petitioner confined his prayer only to the effect that the direction be issued to the court below to decide the Original Suit No. 373 of 2013 expeditiously.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petitions stands disposed of finally with a direction to the concerned court below to consider and decide the aforesaid Original Suit No. 373 of 2013 in accordance with law expeditiously and preferably within a period of one year from the date of production of self attested computer generated copy of this order downloaded from the official website of High Court Allahabad but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties
Order Date :- 17.2.2021
Pramod Tripathi
