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2025 DAILYLAW 182985 (ALL)

RAJENDRA KUMAR YADAV AND ANOTHER v. VIJAY KUMAR

A227/6569/2025 · 2025-11-14

Subhash Vidyarthi

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6569 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Rajesh Singh, the learned counsel for the petitioners. 2. In view of the order proposed to be passed, issuance of notice to the opposite party is dispensed with. 3. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has sought a direction to the learned Civil Judge (Sr. Div.), Kunda, Pratapgarh to decide O.S. No. 551/2019 expeditiously. 4. The aforesaid suit was filed by the petitioners claiming decree of perpetual injunction and mandatory injunction on 24.07.2019 and no decree for recovery of possession has been sought in the plaint. 5. The trial court has framed issues by means of order dated 06.08.2019 in the suit and the issue no. 2 is whether the plaintiff is entitled to evict the defendant from the land in dispute. 6. Apparently, this issue has not been framed as to whether the plaintiff ought to have claimed a decree for recovery of possession and to have paid ad valorem court fee on the said relief. However, the suit pending since the year 2019 has not been decided till date and a perusal of the order sheet of the trial court indicates that on numerous occasions the hearing has been adjourned without assigning any reason. 7. In these circumstances, the petition is disposed of by issuing a direction Versus Counsel for Petitioner(s) : Rajesh Singh, Syed Saif Haider Naqvi Counsel for Respondent(s) : Rajendra Kumar Yadav And Another .....Petitioner(s) Vijay Kumar .....Respondent(s) to the Civil Judge (Sr. Div.), Kunda, Pratapgarh to proceed with O.S. No. 551/2019 expeditiously and to also examine whether recovery of possession can be made through a decree of perpetual injunction without claiming a decree of possession and without paying requisite court fee in respect thereof. November 14, 2025 Pradeep/- A227 No. 6569 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench