NIZAM AHMAD and ORS. v. THE ADDL. DIST. and SESSION JUDGE VII PRATAPGARH and ORS.
A227/5824/2019 · 2025-04-01
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151371 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151371 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:18107 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 5824 of 2019 Petitioner :- Nizam Ahmad And Ors. Respondent :- The Addl. Dist. And Session Judge Vii Pratapgarh And Ors. Counsel for Petitioner :- Amar Nath Dubey Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioners and perused the material available on record. None turned up on behalf of the respondent even in the revised call.
2. The present petition has been filed by the petitioners challenging an order dated 25.10.2018 whereby the appellate Court had set aside the
order of injunction granted by the Civil Court. While doing so, it was observed that a suit for specific performance was filed after about ten years of the execution of the agreement. The appellate Court also noticed that the suit property had already sold through a sale-deed which fact came to the knowledge of the plaintiff, who then filed a suit. The prayer clause reveals that a suit for specific performance has been filed without there being any relief for quashing of the sale deed that was executed. The appellate Court also noticed that the suit for specific performance was filed after about ten years of the agreement.
3. Considering the fact that the suit for specific relief is a discretionary relief, I do not see any reason to interfere with the order impugned. However, as the suit is said to be pending since 2000, the present petition is disposed of with direction to decide the suit expeditiously preferably within a period of one year.
Order Date :- 1.4.2025 Arun
Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 5824 of 2019 Petitioner :- Nizam Ahmad And Ors. Respondent :- The Addl. Dist. And Session Judge Vii Pratapgarh And Ors. Counsel for Petitioner :- Amar Nath Dubey Hon'ble Pankaj Bhatia,J. C.M. Application No. 36094/2020 The substitution application has been filed on account of the death of the respondent, however as I am deciding the main writ petition, no order is required to be passed in the present application. It is accordingly dismissed.
Order Date :- 1.4.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench