PRASHANT KUMAR AGRAWAL v. RAJESH AGRAWAL AND 7 OTHERS
A227/1019/2025 · 2025-04-14
Neeraj Tiwari
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 10462 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10462 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:54683 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 1019 of 2025 Petitioner :- Prashant Kumar Agrawal Respondent :- Rajesh Agrawal And 7 Others Counsel for Petitioner :- Rishi Kant Rai,Shashank Shekhar Rai Hon'ble Neeraj Tiwari,J.
1. Heard Sri Rishi Kant Rai, learned counsel for the petitioner.
2. Present petition has been filed with prayer to expedite the trial of Original Suit No. 48 of 1986 within stipulated time.
3. Learned counsel for the petitioner submitted that earlier, petitioner approached this Court by filing Matter Under Article 227 No. 9209 of 2024 challenging orders dated 12.04.2023 and 16.07.2024 and this Court vide order dated 23.08.2024 has stayed both the orders. He next submitted that trial court has misinterpreted order of this Court dated 23.08.2024 and has stayed further proceeding of Original Suit No. 48 of 1986. He next submitted that on repeated dates i.e. 05.10.2024, 05.11.2024 and 12.11.2024, instead of proceed to decide the suit, trial court only asked about the status of Matter Under Article 227 No. 9209 of 2024. He lastly submitted that Court may please to clarify the order and direct the trial court to decide the Original Suit No. 48 of 1986 as early as possible.
4. I have considered the submission made by learned counsel for the petitioner and perused the record as well as order dated 23.08.2024 passed in Matter Under Article 227 No. 9209 of
2024.
5. From the perusal of order dated 23.08.2024, it is apparently clear that Court has only stayed the orders dated 12.04.2023 and 16.07.2024 and not the further proceeding of Original Suit No. 48 of 1986.
6. Under such facts of the case, keeping in view that suit is pending since 1986, writ petition is disposed of with direction to Additional Chief Judicial Magistrate, 17th, Allahabad to decide the Original Suit No. 48 of 1986, in accordance with law, maximum within a period of six months from the date of production of certified copy of this order. Order Date :- 15.4.2025/ADY Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad