Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:35957 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 3686 of 2025 Petitioner :- Ram Dulari And 2 Others Respondent :- Vishram And 3 Others Counsel for Petitioner :- Abhay Pratap Singh Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Abhay Pratap Singh, the learned counsel for the petitioners, Sri Prashant Shukla, Advocate who has put in appearance on behalf of the opposite party no.1 and perused the records.
2. By means of the instant petition filed under Article 227 of the Constitution of India the petitioners have sought direction to the Civil Judge (Junior Division), Hawali, Lucknow to decide the preliminary issues framed vide order dated 09.11.2024 in Civil Suit No.256 of 2023: Vishram Vs. Ram Dulari and others.
3. Submission of the learned counsel for the petitioners is that the pendency of civil suit is causing prejudice to the petitioners' rights. Earlier the opposite party no.1 had filed Petition under Article 227 No.1210 of 2023 which was disposed of by means of an order dated 14.03.2023 directing disposal of temporary injunction application within six weeks. The temporary injunction was rejected and the appeal filed against the aforesaid order was allowed and the parties were directed to maintain status-quo. Thereafter, the opposite party no.1 filed another Petition under Article 227 No.3860 of 2024 seeking a direction for early disposal of the application no.C-99 for framing preliminary issue and its objection C-110. This petition was disposed of by means of an order dated 23.08.2024 as the
learned counsel for the parties have agreed that 11.09.2024 was already fixed for disposal of application and they will not submit any application for adjournment on that date. Now, the preliminary issues framed by the learned trial court are yet to be decided.
4. The learned counsel for the petitioners has submitted that the petitioners are in possession of the property in dispute and, therefore, the order to maintain status-quo does not appear to cause any prejudice to the rights of the petitioners. The petitioners (defendants in the suit) have not filed any counter claim. In these circumstances, no prejudice appears to be caused to the petitioners by pendency of the civil suit. Further it is a matter of common knowledge that the trial courts are overburdened with work. This court is not aware about pendency in the court of Civil Judge (Junior Division), Hawali, Lucknow also.
5. In this court it does not seem to be proper to issue a direction for expeditious disposal of the suit filed in the year 2023. The petition lacks merit and the same is dismissed. . [Subhash Vidyarthi, J.]
Order Date :- 20.6.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench