Harbans Singh Ajmani vs Court Of Additional District ...
2022 Latest Caselaw 2551 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 5
 
Case :- MATTERS UNDER ARTICLE 227 No. - 1453 of 2022
 
Petitioner :- Harbans Singh Ajmani
 
Respondent :- Court Of Additional District Judge-Iii, Lakhimpur Kheri And Others
 
Counsel for Petitioner :- Samarth Saxena
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

1. Heard.

2. This petition has been filed praying for a direction to be issued to the respondent no.1-learned Additional District Judge-III, Lakhimpur Kheri to decide the Civil Appeal No.84 of 2013: M.R.C. Share Portfolio Vs. Mahendra Singh Ajmani, expeditiously.

3. It has been submitted by learned counsel for the petitioner that the petitioner along with the respondent nos.3 to 9 filed a Civil Suit No.128 of 1997 against the respondent nos.2 and 10 in the Court of Additional Civil Judge (Senior Division), Lakhimpur Kheri, with a prayer for declaration and for mandatory injunction. The Suit was decreed on 25.09.2013 holding that the petitioner and the respondent nos.3 to 9 were owners of the disputed share and the respondent no.2 and 10 were directed to give second copy of such shares to the plaintiffs. The respondent nos.2 and 10 filed an Appeal against such order on 23.10.2013. The District Judge Lakhimpur Kheri stayed the judgment and order dated 25.09.2013 and decree dated 02.11.2013. The Appeal has remained pending since 2013. The petitioner's rights are being affected. Since shares of a company are involved, the petitioner cannot effect the sales of his shares, making his investment unprotected despite the decree in his favour.

4. This petition is disposed of with a direction to the learned Appellate Court to decide the Appeal at the earliest, say, within a period of six months from the date a copy of this order is produced before him.

Order Date :- 11.5.2022

Rahul