Suganti vs State Of Up And 2 Others
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Allahabad High Court

Suganti vs State Of Up And 2 Others on 18 November, 2024

Author: Rohit Ranjan Agarwal

Bench: Rohit Ranjan Agarwal

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:179944
 
Court No. - 9
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 13648 of 2024
 

 
Petitioner :- Suganti
 
Respondent :- State Of Up And 2 Others
 
Counsel for Petitioner :- Satish Mohan Tiwari
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rohit Ranjan Agarwal,J.
 

This petition has been filed with the following prayers:-

"i) Issue a writ, order or direction in the nature of mandamus commanding and directing the Trial Court i.e., Civil Judge (S.D.) court room no.25, Deoria, deciding expeditiously the original suit no.123 of 2008 (Suganti Devi Verus Sri Kant and Others) expeditiously, within the stipulated period or may time fixed by this Hon'ble Court.

ii) Issue a writ or order or direction in the nature of mandamus directing to the Court below to ensure the compliance of interim injunction order granted by him on 22.01.2008, in Original Suit no.123 of 2008 (Suganti Devi Verus Sri Kant and Others) pending in the Court of Civil Judge (Senior Division) court room no.25 District-Deoria."

The first prayer made in the petition cannot be granted in terms of Division Bench judgment of this Court rendered in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB). As far as second prayer is concerned, plaintiff-petitioner has remedy of moving an application under Order 39 Rule 2A CPC.

The petition is misconceived and stands dismissed.

Order Date :- 18.11.2024

V.S.Singh