Allahabad High Court
Shashi Prakash Tiwari vs Smt. Mahrun Nisha And 8 Others on 22 December, 2023
Author: Jayant Banerji
Bench: Jayant Banerji
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:242689
Court No. - 1
Case :- MATTERS UNDER ARTICLE 227 No. - 9601 of 2023
Petitioner :- Shashi Prakash Tiwari
Respondent :- Smt. Mahrun Nisha And 8 Others
Counsel for Petitioner :- Mohammed Iftekhar,Jeeshan Ahmad Siddiqui,Kanhaiya Lal
Hon'ble Jayant Banerji,J.
1. Heard Shri Balwant Singh (Advocate Roll- A/B 0329/2021), Advocate holding brief of Shri Kanhaiya Lal, learned counsel for the petitioner.
2. This petition has been filed seeking the following relief:
"i. To exercise it powers of superintendence as enshrined under Article 227 of the constitution of India to direct the Civil Judge (Senior Division), F.T.C., Allahabad to decide the Original Suit No. 267 of 2010-"Mohd. Yusuf Vs. Shirish Chandra and others)"- pending in the Court of Civil Judge (Senior Division), F.T.C., Allahabad or in alternate direct the Civil Judge (Senior Division), F.T.C., Allahabad to decide the Application 6-C filed by the petitioner in the aforesaid Suit within a stipulated period;
ii. To exercise it powers of superintendence as enshrined under Article 227 of the constitution of India to direct the parties to maintain status quo in respect of nature and possession of the land-in-dispute during the pendency of aforesaid Original Suit No. 267 of 2010 "Mohd. Yusuf Vs. Shirish Chandra and others)"- pending in the Court of Civil Judge (Senior Division), F.T.C., Allahabad;
iii. issue any other order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.
iv. Award the costs of petition to the petitioner"
3. It appears that Original Suit No.267 of 2010 was filed by the petitioner for specific performance and for injunction. Further, a decree of declaration was sought regarding voidance of an instrument dated 23.3.2010. It appears from the record that the petitioner had earlier approached this Court by filing a petition being Matters under Article 227 No.554 of 2021, which was disposed of by a judgment and order dated 2.2.2021 by this Court, directing the court concerned to consider and decide the matter in its turn without granting unnecessary adjournment to either of the parties if there is no legal impediment.
4. Despite the aforesaid order having been passed by this Court on previous occasion, the petitioner has approached this Court seeking a direction to the trial court to decide the application 6C within stipulated period.
5. In view of the order dated 2.2.2021 passed in the aforesaid previous petition No.554 of 2021, no cause for interference is made out in this petition. This petition is, accordingly, dismissed.
6. The Registrar (Compliance) is directed to send a copy of this order to the concerned Court within fifteen days, for its record.
Order Date :- 22.12.2023
K.K.Tiwari
(Jayant Banerji, J.)
