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2025 DAILYLAW 124022 (ALL)

RISHI RAM v. CIVIL JUDGE SENIOR DIVISION SOUTH COURT NO. 39 SULTANPUR AND 16 OTHERS

A227/901/2025 · 2025-02-24

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11537 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 901 of 2025 Petitioner :- Rishi Ram Respondent :- Civil Judge Senior Division South Court No. 39 Sultanpur And 16 Others Counsel for Petitioner :- Rahul Roshan Dubey Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner. 2. The present petition has been filed with the following relief: "(i) Issue any appropriate order or direction commanding the opposite party No.1 to decide the regular suit No.514 of 2018 (Vrindavan Shukla and another Vs. Chedi Ram Yadav and others) pending before Civil Judge (Senior Division) South Court No.39, Sultanpur which is pending since 09.04.2018 and it is further prayed to direct the opposite party no.1 to restrain opp. party No.2 to restrain any construction over the property in dispute i.e. Gata No.437 situated at Gram Hathkila Pargana and Tahsil Amethi during pendency of the present petition." 3. Learned counsel for the petitioner states that an injunction application has been filed, which is also pending in the Suit No.514 of 2018 and as the Court is vacant, the said injunction application has also not been disposed of. 4. Considering the fact that the injunction application is pending, the present petition is disposed of permitting the petitioner to move an application before the District Judge, Sultanpur, who shall transfer the case to any other court, if the court is vacant. The injunction application shall be decided by the court concerned within a period of four weeks from the date of filing of a certified copy of this order, in accordance with law. Order Date :- 24.2.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench