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Neutral Citation No. - 2025:AHC-LKO:49025 Court No. - 17 Case :- MATTERS UNDER ARTICLE 227 No. - 4936 of 2025 Petitioner :- Buddhsen Vaish Respondent :- Anil Kumar Vaish Counsel for Petitioner :- Sadiya Khan,Abdul Malik,Anshuman Srivastava,Mohd. Murtaza Hasan Hon'ble Manish Kumar,J. Heard. Present writ petition has been preferred with following main relief:-
" A) To issue an order or direction directing the learned Additional Civil Judge (Junior Division), Court No. 42, Lucknow to decide the Regular Suit No. 205 of 2017 (Buddhsen Vaish Versus Anil Kumar Vaish) (Annexure no. 1) efficaciously.
"
Learned counsel for the petitioners has submitted that the Regular Suit for mandatory injunction and recovery of rent is pending since the year 2017. The Court has framed six issues but till date only one issue has been decided hence, direction may be issued to the Court concerned to decide the suit within a stipulated time as this Court may deem fit and proper. From the perusal of the order-sheet enclosed as annexure no. 2 to the case, it is found that since 19.08.2020 till 26.12.2021, the Court was vacant. The case was fixed for 23.02.2022 on that date, there was election holiday. Thereafter, the Court was vacant till 12.10.2022 i.e. about more than 2 years, the Court was vacant. Thereafter, the case was listed on various dates, out of which, on four dates, the lawyers were abstaining from work and on the last date i.e. on 21.01.2025, the plaintiff/petitioner had taken adjournment.
On being asked learned counsel for the petitioner whether he has moved any urgency application before the Court concerned for early disposal of the suit or not, he has very fairly stated that no such application has been preferred till date. The present petition is disposed of with liberty to the petitioner to move an appropriate application before the court concerned for early disposal of the suit, which is pending since the year
2017. In case, any such application is preferred, it is expected that every endeavour shall be made by Court concerned to decide the same, in accordance with law, if there is no other legal impediment, without granting any unnecessary adjournment to either of the parties and if any adjournment is sought by either of the parties, only short dates may be fixed.
Order Date :- 21.8.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench