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2025 DAILYLAW 157623 (ALL)

FAUJDAR v. RAJENDRA PRASAD AND 10 OTHERS

A227/4916/2025 · 2025-08-19

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48409 Court No. - 5 Case :- MATTERS UNDER ARTICLE 227 No. - 4916 of 2025 Petitioner :- Faujdar Respondent :- Rajendra Prasad And 10 Others Counsel for Petitioner :- Ram Prasad Dwivedi Hon'ble Alok Mathur,J. 1. Heard Shri Ram Prasad Dwivedi, learned counsel on behalf of the petitioner. as well as learned Standing Counsel on behalf of the State respondents. 2. In light of the proposed order, notice to private respondents is dispensed with. 3. The instant petition has been filed by the petitioner praying for a direction to Civil Judge (Junior Division) Shrawasti, District Shrawasti, to decide the application C-6 under Order 39 Rule 1 and 2 read with Section 151 C.P.C. in R.S. No.352 of 2025 "Faujdar and another vs. Rajendra Prasad and others", expeditiously. 4. It has been submitted by counsel for the petitioner that the private respondents are proceeding to make construction on the disputed property without having partitioned and consequently, injunction was sought which is pending. 5. At this stage, this Court is not inclined to interfere in the matter under Article 227 of the Constitution of India. However, liberty is granted to the petitioner to approach the court/authority concerned and move an appropriate application detailing urgency for expeditious disposal of the application C- 6 under Order 39 Rule 1 and 2 read with Section 151 C.P.C. in R.S. No.352 of 2025 "Faujdar and another vs. Rajendra Prasad and others", along with the order passed by this Court, within two weeks from today and in case, if such an application is moved, the court/ authority shall consider and decide the same within three weeks thereafter, and in case, any case for urgency is made out by the petitioner, it shall pass appropriate orders thereupon, and proceed in accordance with law. 6. It is made clear that this Court has not examined the case of either of the parties on merit and the authority/court concerned shall decide the matter strictly in accordance with law. 7. With the above observations, the writ petition is disposed of. [Alok Mathur,J.] Order Date :- 19.8.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench