Allahabad High Court
Sarvodaya Shiksha Samiti ... vs Shobha Devi And 8 Others on 17 March, 2021
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- MATTERS UNDER ARTICLE 227 No. - 2962 of 2020
Petitioner :- Sarvodaya Shiksha Samiti Kauriram And Another
Respondent :- Shobha Devi And 8 Others
Counsel for Petitioner :- Manish Kumar Nigam
Counsel for Respondent :- Swatantra Pratap Singh
Hon'ble Prakash Padia,J.
Heard Sri Manish Kumar Nigam, learned counsel for the petitioners, Sri H.R. Mishra, learned Senior Counsel assisted by Sri S. P. Singh, learned counsel for the contesting respondents and perused the record.
The petitioners have preferred the present petition, inter-alia, with the prayer to set aside the order dated 20.02.2020 passed by the Additional District and Sessions Judge/Special Judge, E.C. Act, Gorakhpur, in Misc. Civil Appeal No.58 of 2016 (Shobha Devi and others Vs. Saravodaya Shiksha Samiti and another) (Annexure No.15 to the petition).
It is argued by Sri Manish Kumar Nigam, learned counsel appearing on behalf of the petitioners, that earlier a Writ Petition was preferred by the present petitioner before this Court being Writ (C) No.48782 of 2005. The aforesaid Writ Petition was finally dismissed by a division bench of this Court vide its judgment and order dated 29.11.2010.The order passed by this Court in Writ (C) No.48782 of 2005 is reproduced hereunder:-
"Highly disputed question of title is involved relating to the land in dispute.
Considering the facts and circumstances of the case petitioners are relegated to avail the remedy by filing a suit for title.
The writ petition is dismissed.
However, it is provided that if the suit is filed within two months from today along with the application under Order XXXIX, Rule 1 and 2 CPC, the court concerned shall pass order in accordance with law on the application within the same period without being influenced by this order.
The petitioners shall not be dis-possessed from the land in dispute for a period of two months."
After the aforesaid order was passed, the suit in question was filed by the plaintiffs/petitioners being Original Suit No.35 of 2005. It is further argued by learned counsel for the petitioners that when the aforesaid Writ (C) No.48782 of 2005 was filed, an order of status-quo was granted by this Court on 14.07.2005. The aforesaid order of status-quo was continued till dismissal of the Writ Petition i.e. upto 29.11.2010. It is further argued that when the suit in question was filed, an interim injunction was granted in favour of the plaintiffs/petitioners by the Trial Court on 26.07.2016. Ultimately, the said injunction order was confirmed by the Trial Court vide its judgment and order dated 26.07.2016. Being aggrieved against the aforesaid order, the defendants /respondents filed Misc. Civil Appeal No.58 of 2016. In the said Misc. Civil Appeal, no injunction was granted and the order dated 26.07.2016 passed by the Trial Court was in operation. Ultimately the aforesaid Appeal was allowed by the Appellate Court vide its judgment and order dated 20.02.2020. Aggrieved against the aforesaid order, the present petition has been filed.
It appears from the perusal of the record that the suit is pending before the Trial Court since 2010 and more than 10 years have already lapsed.
With the consent of learned counsel for both the parties, the present petition is finally disposed of with a direction to the court below to decide the aforesaid suit most expeditiously and preferably within a period of 18 months in accordance with law but certainly after hearing all the parties concerned and without granting any unnecessary adjournments to either of the parties.
Till the disposal of the aforesaid suit, the parties are directed to maintain status quo as of today.
Order Date :- 17.3.2021
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