Citation : 2022 Latest Caselaw 8973 ALL
Judgement Date : 2 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2938 of 2020 Petitioner :- Ikramuddin And 4 Others Respondent :- Mustaq Ahmad And 3 Others Counsel for Petitioner :- Krishna Mohan Garg Hon'ble Vipin Chandra Dixit,J.
Heard Sri Krishna Mohan Garg, learned counsel for petitioner and perused the record.
Present petition under Article 227 of the Constitution of India has been filed for setting aside judgment and order dated 5.3.2020 passed by Additional District Judge/FTC Court No.2, Bijnor in Misc.Civil Appeal No.60 of 2015(Mustaq Ahmad and others vs. Ikramuddin and others).
It is submitted by learned counsel for the petitioners that the trial Court after considering entire evidence and material on record had rejected the interim injunction application of the plaintiffs-respondents filed in Civil Suit No. 608 of 2014 vide order dated 14.9.2015, against which the Misc. Civil appeal No.60 of 2015 preferred by the plaintiffs was allowed by the lower appellate Court directing the parties to maintain status quo. It is submitted by learned counsel for the petitioner that lower appellate Court, without reverting the finding of trial Court had allowed the Misc.Civil appeal of the plaintiffs.
Learned counsel for the petitioner has failed to point out any illegality in the order impugned. However, it is a very old matter and the suit is pending since 2014.
At this stage, learned counsel for the petitioners seeks expeditious disposal of Civil Suit No. 608 of 2014.
Without going into merit of the case, it is appropriate that the above civil suit be decided expeditiously.
In view of above, Additional District Judge/FTC Court No.2, Bijnor/Court concerned is directed to decide the Civil Suit No.608 of 2014(Mustaq Ahmad and others vs. Ikramuddin and others) expeditiously, if possible within one year from the date of production of certified copy of this order without granting adjournment unnecessarily to either of the parties, unless there is any legal impediment.
With aforesaid direction, the instant petition under Article 227 of the Constitution of India is finally disposed of.
Order Date :- 2.8.2022/P.P.
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