Rahdey Shyam And Another vs Vrindawan And 11 Others
2021 Latest Caselaw 7243 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- MATTERS UNDER ARTICLE 227 No. - 2146 of 2021
 
Petitioner :- Rahdey Shyam And Another
 
Respondent :- Vrindawan And 11 Others
 
Counsel for Petitioner :- Rajesh Kumar Singh
 

 
Hon'ble Rohit Ranjan Agarwal,J.

Despite successful Video Link having been sent, no one appeared on behalf of petitioners.

This writ petition has been filed with the following prayers:-

"1. To direct the Civil Judge (S.D.), Jaunpur to decide the 6-C application filed in Original Suit No.132 of 2017 (Radhey Shyam and another Vs. Vrindawan and others), within the shortest period as prescribed by this Hon'ble Court.

2. To direct the Civil Judge (S.D.), Jaunpur to decide the Original Suit No.132 of 2017 (Radhey Shyam and another Vs. Vrindawan and others) within the shortest period as prescribed by this Hon'ble Court."

From the perusal of record, it appears that the plaintiffs-petitioners filed an Original Suit No.132 of 2017 (Radhey Shyam and another Vs. Vrindawan and others) before Civil Judge (Senior Division), Jaunpur. An 6-C application was also filed for interim injunction. In the said application, a report was called for which was filed on 22.02.2018, but till date the said application has not been decided.

The first prayer as regards the early decision of the 6-C application is accepted.

As no useful purpose would be served in keeping this writ petition pending or calling for counter affidavit, without issuing notice to respondents no.1 to 12, the Civil Judge (Senior Division), Jaunpur is directed to decide 6-C application preferably within next next three months from the date of production of copy of this order downloaded from the Official Website of this Court strictly in accordance with law after hearing all the concerned parties.

As Division Bench of this Court in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB) has held that no direction can be issued to the sub-ordinate courts for deciding the suit within stipulated period, the second prayer as regards the early disposal of the Suit is rejected in view of the Division Bench judgment of this Court in the case of Ali Shad Usmani (supra).

Writ petition stands disposed of.

Order Date :- 7.7.2021//SK Goswami