Smt. Shahnaz Khan And Another vs Civil Judge ( Senior Division ) ...
2023 Latest Caselaw 9194 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 22
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 1485 of 2023
 
Petitioner :- Smt. Shahnaz Khan And Another
 
Respondent :- Civil Judge ( Senior Division ) Court No. 15 Sultanpur And 13 Others
 
Counsel for Petitioner :- Mohd. Yasir,Mohiuddin Khan
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioners.

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 for expeditious disposal of application no.77-Ga-2 filed under section 152 C.P.C. in Regular Suit No.496 of 2018.

Learned counsel for petitioners submits that petitioners had filed the aforesaid regular suit for permanent injunction which was decreed by means of judgment and decree dated 05.10.2019 but in certain portion of the judgment, it has been indicated that the suit property is Gata No.1213 without indicating the area as 9 biswa although the same has been specifically indicated in the plaint. It is submitted that in view of aforesaid discrepancy, the application has been filed and is pending consideration along with Regular Suit No.373 of 2018 which has been filed subsequently by the defendants. It is submitted that pending application has been clubbed together with the aforesaid suit although the same is required to be decided individually.

Considering submissions advanced by learned counsel for petitioners and upon perusal of material available on record, it appears that Regular Suit No.496 of 2018 filed by petitioners has been decreed on 05.10.2019. Reading of plaint indicates that suit property is Gata No.1213 having an area of 9 biswa but in the aforesaid judgment and decree, instead of 9 biswa the word '?' has been indicated for which the aforesaid application for correction has been filed and is pending consideration.

In view of aforesaid facts, opposite party no.1 i.e. Civil Judge (Senior Division), Court No.15, Sultanpur is directed to consider and decide the pending application no.77-Ga-2 filed under Section 152 C.P.C. in Regular Suit No.496 of 2018; Smt. Shahnaz Khan and another versus Parvez Ahmad Khand and others expeditiously, preferably within a period of six weeks from the date a certified copy of this order is brought on record of proceedings, in case there is no other legal impediment.

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

With the aforesaid direction, the petition stands disposed of.

Order Date :- 28.3.2023

Subodh/-