SURAJ PRASAD AND 4 OTHERS v. SAURABH DUBEY AND ORS.
A227/3607/2025 · 2025-05-30
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143073 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143073 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:33907 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3607 of 2025 Petitioner :- Suraj Prasad And 4 Others Respondent :- Saurabh Dubey And Ors. Counsel for Petitioner :- R.K.S. Chauhan,Aditya Kumar Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner(s) and learned State counsel. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. The instant petition has been preferred seeking following main relief(s):-
"I. to issue an order or direction in the matter directing to the court i.e. Additional Commissioner Judicial (IInd) Lucknow Division, Lucknow i.e. Opp. No.65 decide the interim relief application of petitioner as early as possible in R. Appeal No. 522 of 2023 (C202310000000522) by Opp. No.65 i.e. Additional Commissioner Judicial (IInd) Lucknow Division, Lucknow. inre Suraj Prasad Etc. Vs Saurabh Dube Etc. which fix for 10.07.2025 on merits considering the facts and circumstances as stated in application with appeal of petitioner during pendency of this petition in the interest of justice. II. Issue a direction in favour of the petitioner as a temporary measure by protecting petitioner's interest in order to prevent multiplicity of the suit and breach of peach between the parties during the pendency of this petition." Taking note of the facts and circumstances of the case and period of pendency of the application in issue, the instant petition is disposed of with a direction to the Authority concerned namely Additional Commissioner Judicial (IInd) Lucknow Division, Lucknow to consider and decide the interim relief application in issue, indicated in above quoted prayer clause of this petition, within a period of one month from the next date fixed in the case, after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party. It is made clear that the Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 30.5.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench