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2025 DAILYLAW 179058 (ALL)

ANIRUDDHACHARYA @ ANIRUDDH SWAROOP v. MAHANT SHRI VISHNU PRAPANNACHARYA AND 9 OTHERS

A227/7249/2025 · 2025-12-17

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 7249 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Yogendra Singh, the learned counsel for the petitioner. 2. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has sought the issuance of a direction to the learned Civil Judge (Jr. Div.), Sitapur to decide the applications under Order 1 Rule 10 CPC and Order 6 Rule 17 CPC filed in Regular Suit No. 341/2024 on 09.12.2024, expeditiously and to decide the suit also, after disposal of the interlocutory applications. 3. Keeping in view the nature of the relief sought and order proposed to be passed, issuance of notice to the respondents is hereby dispensed with. 4.The petitioner has filed the aforesaid suit for declaration on 03.05.2024. Applications under Order 1 Rule 10 CPC and Order 6 Rule 17 CPC have been filed on 09.12.2024 and since then numerous dates have been fixed in the suit but the applications have not been disposed of. 5. The suit has been filed merely for declaration and it appears that no application for temporary injunction has been filed by the petitioner. Although the petitioner has submitted that the delay in disposal of suit is causing prejudice to the petitioner, there is no specific averment in the petition as to what prejudice is being caused to the petitioner due to delay in disposal of the suit. 6. It is a matter of common knowledge that all the courts are working with Versus Counsel for Petitioner(s) : Yogendra Singh, Anshul Kumar Gupta Counsel for Respondent(s) : Aniruddhacharya @ Aniruddh Swaroop .....Petitioner(s) Mahant Shri Vishnu Prapannacharya And 9 Others .....Respondent(s) a immense work load and numerous old cases are pending consideration of the courts. 7. In these circumstances, in absence of any prejudice having been pleaded which is being caused due to pendency of the suit filed in the year 2024, no direction can be issued for expeditious disposal of the suit at this stage. 8. Accordingly, this petition is dismissed. However, it is open for the petitioner to move an appropriate application before the trial court at appropriate stage. December 17, 2025 Pradeep/- A227 No. 7249 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench