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2025 DAILYLAW 144540 (ALL)

BINITA AND 2 OTHERS v. PALAKDHARI AND ANOTHER

A227/3715/2025 · 2025-06-06

Manjive Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34815 Court No. - 5 Case :- MATTERS UNDER ARTICLE 227 No. - 3715 of 2025 Petitioner :- Binita And 2 Others Respondent :- Palakdhari And Another Counsel for Petitioner :- Jai Ram Singh Yadav,Yogesh Chandra Hon'ble Manjive Shukla,J. 1. Heard Shri Jai Ram Singh, learned counsel appearing for the petitioners. 2. In view of the order proposed, notice to respondents no. 1 and 2, is dispensed with. 3. The instant petition under Article 227 of the Constitution of India, has been filed, interalia for the following reliefs:- "Where, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the learned Civil Judge (Junior Division) Ambedkar Nagar to expeditiously decide the Regular Suit No. 705 of 2022 (Palakdhari and others Versus Rinkala and others), pending in the court of Civil Judge (Junior Division), Ambedkar Nagar, since 25.9.2022, in accordance with law, within time stipulated by this Hon'ble Court." 4. Shri Jai Ram Singh, learned cousnel appearing for the petitioners, has submitted that the respondents have filed a Regular Suit No. 705 of 2022 (Palakdhari and others Versus Rinkala and others) in the court of learned Civil Judge (Junior Division), Ambedkar Nagar. 5. It has been submitted that in the aforesaid regular suit temporary injunction had been granted in favour of the plaintiffs. 6. Shri Jai Ram Singh, learned cousnel appearing for the petitioners, has argued that since the temporary injunction had been granted in favour of the plaintiff therefore, they are not interested in getting the regular suit decided finally and are creating hindrance in disposal of the suit. 7. Shri Singh has, thus, argued that it would be in the interest of justice, that this Court may issue a direction to conclude and decide the suit itself within time frame. 8. I have considered the arguments, advanced by the learned counsel appearing for the petitioners and I find that the Regular Suit No. 705 of 2022 (Palakdhari & others Versus Rinkala & others) is pending in the court of learned Civil Judge (Junior Division), Ambedkar Nagar, since the year 2022. I also find that the learned trial court had already granted order of temporary injunction, in favour of plaintiffs. 9. In view of the aforesaid reasons, this petition is finally disposed of with a direction to the learned Civil Judge (Junior Division), Ambedkar Nagar, to expedite the hearing of the Regular Suit No. 705 of 2022 and decide it, expeditiously. Order Date :- 6.6.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench