Dhirendra Singh (Unsound Mind) vs Shri Narendra Singh And 2 Others
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Allahabad High Court

Dhirendra Singh (Unsound Mind) vs Shri Narendra Singh And 2 Others on 19 November, 2024

Author: Rohit Ranjan Agarwal

Bench: Rohit Ranjan Agarwal

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:180839
 

 
Court No. - 9
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 14126 of 2024
 

 
Petitioner :- Dhirendra Singh (Unsound Mind)
 
Respondent :- Shri Narendra Singh And 2 Others
 
Counsel for Petitioner :- Anurag Agrahari,Mahima Sahai
 

 
Hon'ble Rohit Ranjan Agarwal,J.
 

1. Heard learned counsel for petitioner. Sri Vibhu Rai, Advocate has appeared on behalf of defendants-respondents.

2. This writ petition has been filed with the following prayers:-

"(i) To direct the learned Court i.e Civil Judge (Senior Division) Meerut to decide the Civil Suit no.795 of 2024 (Dhirendra Singh Vs. Narendra Singh etc.) expeditiously pending before learned Court below and direct the parties and others to maintain the status-quo on the property in dispute i.e. Shop no. 7, area 17.88 square meter on ground floor situated at Ratan tower Jagriti Vihar, Garh Road, Meerut till the disposal of aforesaid Civil Suit pending before the learned below.

(ii) To direct the learned Court i.e Civil Judge (Senior Division) Meerut to decide the application under order 7 rule 11 C.P.C. expeditiously, pending in Civil Suit no.795 of 2024 (Dhirendra. Singh Vs. Narendra Singh etc.) and direct the parties maintain the status quo on property in dispute till1 the disposal of the application under order 7 rule 11 C.P.C. in Civil suit pending before learned Court below."

3. The prayer made in the petition for expeditious disposal of Civil Suit No. 795 of 2024 cannot be granted in view of judgment of Division Bench of this Court rendered in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB). However, the prayer made for early deciding application under Order 7 Rule 11 CPC filed by defendants-respondents can be granted.

4. 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 court concerned to decide the application under Order 7 Rule 11 CPC filed in Civil Suit No. 795 of 224, in accordance with law, after hearing all affected parties, preferably within a period of three months from the date of production of certified copy of this order.

5. With the aforesaid directions, writ petition stands disposed of.

6. It is made clear that this Court has not adjudicated the matter on merits.

Order Date :- 19.11.2024

V.S.Singh