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2025 DAILYLAW 113327 (ALL)

JATA SHANKAR v. LALMANI AND ANOTHER

A227/16326/2024 · 2025-02-16

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:22176 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 16326 of 2024 Petitioner :- Jata Shankar Respondent :- Lalmani And Another Counsel for Petitioner :- Anil Kumar,Yogendra Kumar Bhartiya Hon'ble Rohit Ranjan Agarwal,J. 1. Perused the supplementary affidavit. 2. This writ petition has been filed with the following prayer:- "(A) Direct the Civil Judge (Junior Division) Jaunpur to decide the permanent injunction suit No. 150 of 1991 (Lalmani and another Vs. Kanish Kumar and others) which is pending in the court of Civil Judge (Junior Division) Jaunpur, expeditiously within a stipulated period." 3. It is contended by learned counsel for petitioner that petitioner had filed permanent injunction suit No. 150 of 1991 before the Civil Judge (Junior Division) Jaunpur which is pending consideration. The sole prayer made in the writ petition is for the early disposal of the said suit. 4. Though the Division Bench of this Court in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB) had held that no separate class can be created amongst the litigants and no such direction can be issued for expeditious disposal of civil cases but looking to the facts of the case, as the civil suit was filed way back in the year 1991 and almost 34 years have elapsed and only the suit is at the stage of hearing, the court below is hereby directed to expedite the proceedings of Original Suit No.150 of 1991 and proceed with the matter and decide the same, in accordance with law, after hearing all affected parties without granting any unnecessary adjournments to either of the parties, preferably within a period of six 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 :- 17.2.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad