Kanhaiya Lal Maurya vs The Court Of Ld.Civil Judge (J.D.) ...
2021 Latest Caselaw 6447 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- MISC. SINGLE No. - 12232 of 2021
 

 
Petitioner :- Kanhaiya Lal Maurya
 
Respondent :- The Court Of Ld.Civil Judge (J.D.) Sadar Dist,Faizabad &Ors.
 
Counsel for Petitioner :- Chandan Srivastava,Yogesh Somvanshi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Attau Rahman Masoodi,J.

Heard learned counsel for the petitioner, learned Standing Counsel for the State and Sri Shobhnath Pandey, learned counsel who has put in appearance on behalf of respondents no. 2 to 5.

The record reveals that a suit for permanent injunction i.e. Regular Suit No. 674 of 2009 was decided on the basis of a compromise by judgment/decree dated 17.9.2014.

The petitioner feeling aggrieved has filed an application under Section 151 C.P.C., for setting aside the compromise decree which is pending. Notices were issued vide order dated 29.1.2021. The petitioner has further filed an application for interim relief during the pendency of previous application for recall of the decree.

Unless the proceedings are reopened, the application for interim relief may not be maintainable hence a direction for disposal of such an application is uncalled for. It is however, provided that the court below shall proceed and decide the pending application filed under Section 151 C.P.C. in the light of grounds raised therein. The application filed under Section 151 C.P.C. may be decided expeditiously and without allowing any undue delay to be caused. This Court however has not expressed any opinion on the maintainability of the pending application which may be decided on its own merits.

The petition is disposed of accordingly.

Order Date :- 18.6.2021

Md Faisal