Citation : 2024 Latest Caselaw 37210 ALL
Judgement Date : 12 November, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:176854 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 14147 of 2024 Petitioner :- Rajnath Respondent :- Sukhdev And 12 Others Counsel for Petitioner :- Ram Yash Chauhan Hon'ble Rohit Ranjan Agarwal,J.
It is contended by learned counsel for the petitioner that a suit for permanent injunction was filed which was dismissed on 12.01.2023, against which, a civil appeal was filed which was allowed by order dated 30.10.2023 and the suit stood decreed.
Against the said judgment and decree, defendant-respondents have not filed any second appeal. This fact has been stated in para-15 of the writ petition. The petitioner has filed Execution Case No.01 of 2024, which is pending consideration before Court of Civil Judge (Jr. Div.), Court No.19, Azamgarh.
As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon Civil Judge (Junior Division), Azamgarh to decide the Execution Case No.01 of 2024, in accordance with law, after hearing all affected parties, preferably within a period of six months from the date of production of certified copy of this order.
With the aforesaid direction, present writ petition stands disposed of.
It is made clear that this Court has not adjudicated the case on merit.
Order Date :- 12.11.2024
SK Goswami
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