Suneel Kumar Dwivedi vs Civil Judge And 5 Others
2021 Latest Caselaw 1791 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 267 of 2021
 

 
Petitioner :- Suneel Kumar Dwivedi
 
Respondent :- Civil Judge And 5 Others
 
Counsel for Petitioner :- Sudhir Kant Dixit
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Prakash Padia,J.

Case has been called out in the revised list. None appears on behalf of the petitioner to press the petition. However, the learned Standing Counsel is present on behalf of the State-respondents.

The petitioner has preferred the present petition under Article 227 of the Constitution of India, inter alia, with the prayer to direct the court below, namely, Civil Judge (Junior Division), Jalaun to decide the temporary injunction application 7C-2 filed in Original Suit No. 344 of 2018 (Pradeep and others Vs. State of U.P. and others).

In paragraph no.1 of the petition it is stated by the petitioner that this is the first petition under Article 227 of the Constitution of India. But from the perusal of the petition it transpires that the same petitioner had earlier filed a petition being Matters Under Article 227 NO.1790 of 2019 before this Court. The said petition was disposed of by a coordinate Bench of this Court vide judgment and order dated 15.3.2019. The said order is reproduced below:

"Heard Sri Sudhir Kant Dixit, learned counsel for the petitioner.

The only relief pressed in this petition is that the temporary injunction application 7C2 in O.S. No.344 of 2018 (Pradeep and others Vs. State of U.P. and others), pending in the court of Civil Judge (J.D.), Jalaun, may be directed to be decided within a time bound period.

Considering the facts and circumstances of the case, no useful purpose will be served to keep this petition pending and call for a counter affidavit.

In view of the aforesaid and without expressing any opinion on the merits of the case, this petition is disposed of providing that the court below shall decide the aforesaid temporary injunction application of the plaintiff-petitioner in accordance with law, expeditiously preferably within a period of two months from the date of presentation of a certified copy of this order, without granting any unnecessary adjournment to either of the parties, if there is no legal impediment. "

From the perusal of the same, it is clear that wrong averments were made by the petitioner in the first paragraph of the petition.

In this view of the matter, the present petition is dismissed with costs.

Order Date :- 29.1.2021

SKM