Girija Shankar Sahu vs Civil Judge (Junior Division) ...
2023 Latest Caselaw 634 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 19
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 48 of 2023
 

 
Petitioner :- Girija Shankar Sahu
 
Respondent :- Civil Judge (Junior Division) Purva, District- Unnao And Another
 
Counsel for Petitioner :- O.P. Tiwari
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J. 

Heard learned counsel for petitioner.

In view of order being proposed to be passed, notices to opposite parties stand dispensed with.

Petition under Article 227 of the Constitution of India has been filed seeking a direction to the court concerned to decide application no.37 Ga dated 13.09.2022 filed by petitioner in pending civil suit.

Learned counsel for petitioner submits that the petitioner is a defendant in Regular Suit No.436 of 2021 which has been filed for permanent injunction with regard to the property in question in which the application for interim injunction was rejected vide order dated 13.07.2022 where against Civil Misc. Appeal No.28 of 2022 was filed in which parties have been directed to maintain status quo over the property in dispute. It is submitted that against the aforesaid order, petitioner had filed petition no.3076 of 2022 before this Court which was dismissed vide judgment and order dated 25.08.2022.

It is submitted that in pursuance thereof, the petitioner who was making construction over the property in question at the time of passing of the order for status quo, has filed application under Section 37 Ga in the suit proceedings seeking permission to remove the shuttering which has been erected on the property. Learned counsel for petitioner submits that in view of order of status quo, no further construction activity can be raised over the property in question and therefore the petitioner is seeking permission for removing the shuttering for which considerable amount is being spent as a rent every month.

Considering the aforesaid facts and circumstances, the court concerned i.e. Civil Judge (Junior Division) Purva, District Unnao is directed to decide the application no.37Ga filed by the petitioner-defendant in Civil Suit No.436 of 2021; Kalpana versus Girija Shankar, expeditiously, preferably within a period of four weeks from the date a copy of this order is brought on record of the proceedings.

Benefit of this order shall be available only in case petitioner cooperate in early conclusion of the application/trial.

With the aforesaid direction, the petition stands disposed of.

Order Date :- 6.1.2023

Subodh/-