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2025 DAILYLAW 156801 (ALL)

SUJEET KUMAR AND 2 OTHERS v. SHRI AMIT KUMAR GUPTA

A227/4774/2025 · 2025-08-08

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46361 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 4774 of 2025 Petitioner :- Sujeet Kumar And 2 Others Respondent :- Shri Amit Kumar Gupta Counsel for Petitioner :- Karuna Shankar Bajpai Hon'ble Jaspreet Singh,J. Heard Sri Karuna Shankar Bajpai learned counsel for the petitioners. By means of the instant petition, the petitioners seek following reliefs: "(i) to issue an order or direction to the learned Civil Judge, Hawali (Junior Division), District- Lucknow to decide and conclude the proceedings of 'Suit for cancellation of sale deed and for permanent Injunction' bearing Civil Suit No.2588 of 2023, (Sujeet Kumar & Others Versus Shri Amit Kumar Gupta) contained as Annexure No.1 to this petition expeditiously within stipulated period of time in the interest of justice. (ii) to issue an order or direction to the learned Civil Judge, Hawali (Junior Division), District Lucknow to decide the Application for temporary injunction numbered as '6-Ga' pending in Civil Suit No.2588 of 2023, (Sujeet Kumar & Others Versus Shri Amit Kumar Gupta) contained as Annexure No.2 to this petition expeditiously within stipulated period of time in the interest of justice." At the outset, it may be noticed that the first prayer of the petitioner seeking expedition of the suit 2023 is out rightly rejected for the reason that neither the pleadings are complete and the matter is only listed for disposal of an application under Order 39 Rule 1 and 2 C.P.C. The second prayer made by the petitioners in respect of expeditious disposal of the application under Order 39 Rule 1 and 2 C.P.C indicates that the same is pending and from the extract of the order sheet which have been brought on record as Annexure no.3 that despite service on the defendants being complete yet they are delaying the proceedings. In this view of the matter, without entering into the merits of the petition, the petition is disposed of with a direction to consider and decide the application pending under Order 39 Rule 1 and 2 after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably within a period of six weeks from the date a copy of the order is placed before the court concerned. It is made clear that the Court has not examined the case of either of the parties on merits and the court concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 8.8.2025 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench