Lalu Prasad Pandey @ Lallu Pandey ... vs Jagjeevan Prasad Pandey And ...
2023 Latest Caselaw 2704 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 19
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 334 of 2023
 

 
Petitioner :- Lalu Prasad Pandey @ Lallu Pandey And Another
 
Respondent :- Jagjeevan Prasad Pandey And Others
 
Counsel for Petitioner :- Dinesh Kumar Shukla
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioners. In view of order being passed, notices to opposite parties stand dispensed with.

Petition has been filed under Article 227 of the Constitution of India challenging order dated 05.01.2023 passed in Civil Appeal No.1 of 2023 filed by opposite parties under Section 96 of the Code of Civil Procedure.

Learned counsel for petitioner submits that opposite parties had filed Regular Suit for permanent injunction before the court concerned which was registered as Regular Suit No.500 of 1999 and was dismissed by judgment and order dated 15.12.2022 against which appeal under Section 96 of the Code of Civil Procedure has been filed by opposite party-plaintiff in which by means of impugned order, the order of status quo has been passed only on the ground that initially said order was prevailing during suit proceedings. It is submitted that once the suit itself has been dismissed not finding any right or title of the plaintiff over the disputed property, then it was incumbent upon the appellate court to have recorded prima facie satisfaction with regard to prima facie case, balance of convenience and irreparable injury prior to passing of impugned order with regard to status quo over the property.

However, after arguing at some length, learned counsel for petitioner submits that as has been recorded in impugned order, petitioner-respondents have already put in appearance in the Appellate Forum and the appeal itself may be decided expeditiously.

In view of aforesaid submission, particularly the fact that at present, no further evidence is required to be considered by the appellate court, District Judge, Faizabad is directed to decide Civil Appeal No.1 of 2023 expeditiously, preferably within a period of one year from the date a copy of this order is brought on record of the proceedings, without granting any undue adjournments to either parties in case there is no other legal impediment.

Benefit of this order shall be available to petitioners only in case they cooperate in early disposal of the proceedings.

With aforesaid observations, the writ petition stands disposed of.

In the meantime, petitioner is also granted liberty to press objections against the application for temporary injunction granted by the appellate Court.

Order Date :- 25.1.2023

kvg/-