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2025 DAILYLAW 195857 (ALL)

MOHD. DAUD v. CIVIL JUDGE JR. DIV. TANDA AMBEDKAR NAGAR AND 6 OTHERS

A227/6123/2025 · 2025-10-17

Subhash Vidyarthi

Original Suitbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6123 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Avinash Kumar Srivastava, the learned counsel for the petitioner and Shri Sharad Dwivedi, the learned counsel for the Nagar Palika Parishad, District- Ambedkar Nagar. 2. At the outset, the learned counsel for the petitioner stated that he has erroneously impleaded Civil Judge, Junior Division, Tanda, Ambedkar Nagar as an opposite party to the writ petition and he has made an oral prayer to permit him to delete the same from the array of opposite parties. 3. The oral request of the learned counsel for the petitioner is accepted and he is permitted to correct the description of parties in the writ petition by deleting the name of Civil Judge, Junior Division, Tanda, Ambedkar Nagar and renumber the opposite parties. 4. Office is directed to correct the name of parties in the records and computer system of this Court accordingly. 5. By means of the instant petition, the petitioner has sought issuance of a direction to the Civil Judge, Junior Division, Tanda, Ambedkar Nagar for expeditious disposal of the Original Suit No.140 of 2014 filed by the petitioner for a decree of perpetual injunction. 3. It has been stated in the writ petition that the suit is pending for the past 11 years and in the meanwhile, the petitioner has attained the advanced age of 70 years. 4. Keeping in view the nature of relief sought and the order proposed to be passed, issuance of notice to the private opposite parties is dispensed with. 5. A perusal of the order sheet of the trial Court annexed with the petition indicates that hearing of the suit has repetitively been adjourned without assigning any reason. Versus Counsel for Petitioner(s) : Avinash Kumar Srivastava Counsel for Respondent(s) : Sharad Dwivedi Mohd. Daud .....Petitioner(s) Civil Judge Jr. Div. Tanda Ambedkar Nagar And 6 Others .....Respondent(s) 6. In these circumstances, the writ petition is allowed and a direction is issued to the Civil Judge, Junior Division, Tanda, Ambedkar Nagar to decide the Original Suit No.140 of 2014 filed by the petitioner expeditiously, in accordance with law, without granting any unnecessary adjournment to any of the parties by fixing dates at short intervals. October 17, 2025 -Amit K- A227 No. 6123 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench