NARENDRA KUMAR SETH v. ASHOK KUMAR BIND AND ANOTHER
A227/1519/2025 · 2025-02-23
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18083 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18083 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:26154 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1519 of 2025 Petitioner :- Narendra Kumar Seth Respondent :- Ashok Kumar Bind And Another Counsel for Petitioner :- Jai Shankar Mishra,Sagar Verma,Shardendu Mishra Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayers:-
"i) To direct the learned court of Additional Civil Judge (J.D.) New Court No.4, Jaunpur to decide the Case No.359 of 2024 (Narendra Kumar Seth Vs. Ashok Kumar and other) expeditiously within short time fixed by this Hon'ble Court. ii) To direct the defendants/respondents not to create third party interest in respect of disputed piece of land till disposal of the suit." The prayer made in the writ petition cannot be granted in view of judgement of Division Bench of this Court rendered in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB). However, when the Court was going to dismiss the petition, learned counsel for petitioner states that application for grant of temporary injunction is pending consideration before the Court below. As no useful purpose would be served in keeping the matter pending or calling for counter affidavit or issuing notice to private respondents, the writ petition stands disposed of with a direction that in case, the application for grant of temporary injunction is pending consideration before the Court below and the same has not been decided till date, the trial Court shall make every endeavour to decide the same in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this order. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 24.2.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad