Ram Shingar vs Surendra Bahadur Singh
2023 Latest Caselaw 23706 ALL

Citation : 2023 Latest Caselaw 23706 ALL
Judgement Date : 28 August, 2023

Allahabad High Court

Ram Shingar vs Surendra Bahadur Singh on 28 August, 2023

Bench: Jayant Banerji





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:172949
 
Court No. - 1
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 7339 of 2023
 

 
Petitioner :- Ram Shingar
 
Respondent :- Surendra Bahadur Singh
 
Counsel for Petitioner :- Ghazala Bano Quadri
 

 
Hon'ble Jayant Banerji,J.

1. Heard Mrs. Ghazala Bano Quadri, learned counsel for the petitioner.

2. This petition has been filed seeking the following relief:

"A) to issue a order or direction to the Trial Court to decide the Case No. 108/2000 (Ram Shingar Versus Surendra Bahadur Singh) pending before the Court of Civil Judge (Jr. Div.) Mirzapur within a stipulated time period (Annexure No.1 of this writ petition).

B) to issue a order or direction to the respondent not to interfere in peaceful possession of the petitioner."

3. It appears that the petitioner is the plaintiff of suit, bearing OS No.108 of 2000 seeking a decree of permanent injunction restraining the defendant-respondent from interfering in the peaceful possession of the suit property and not to make any constructions at the site and change the nature of the plot.

4. It appears that the suit was decreed ex-parte pursuant to a judgment dated 18.3.2009 whereafter, on an application filed, the suit was restored. A perusal of the order-sheet reveals that the case is being listed for filing written statement.

5. Considering the facts and circumstances of the case, it would not be appropriate to issue any specific direction upon the court concerned. However, considering that the suit is more than twenty three years old, this Court requires the trial court to ensure that the proceedings are brought to its logical conclusion, without entertaining unnecessary adjournments from the parties, in case there is no legal impediment in proceeding further and all the parties are duly served with notice of the proceeding.

6. With the aforesaid observation, the petition is disposed of.

Order Date :- 28.8.2023

K.K.Tiwari

(Jayant Banerji, J.)