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2025 DAILYLAW 195958 (ALL)

ATEEQUR REHMAN (IN ADHAR ATEEQUR REHMAN ABDUL HALEEM KHAN ) v. RAJENDRA SINGH AND 13 OTHERS

A227/5030/2025 · 2025-10-06

Jaspreet Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5030 of 2025 Court No. - 7 HON'BLE JASPREET SINGH, J. Heard Sri Dinesh Kumar Shukla learned counsel for the petitioner and Sri Vijay Dixit learned counsel for the respondents. This Court on 26.08.2025 had passed following order which reads as under: "1. Heard learned counsel for the petitioner. 2. By means of the instant petition, the petitioner seeks expeditious disposal of Suit bearing RS No.1864/2008, pending before the Additional Civil Judge (Junior Division) Vth, Gonda. 3. From the perusal of the extracts of the order-sheet, it appears that in the said suit, defendant Nos.1 to 3, 5 and 8 had filed their joint written statement on 11.12.2014 and thereafter, the date for framing of issues has not been fixed. Rather, several dates have been fixed with the order that the temporary injunction granted would stand extended. 4. Learned counsel for the petitioner shall provide a complete set of this paper book to Shri Vijay Dixit, learned counsel who usually appears for the subordinate courts, who is directed to seek instructions as to why, in a suit preferred in the year 2008, where the written statement is said to have been filed in the year 2014, the issues have not been framed and the matter is not being fixed for the same. 5. List this matter on 10.09.2025 as fresh." Again on 10.09.2025, the Court had passed following order which reads as under: "Learned counsel for the petitioner submits that he shall provide complete set of the Versus Counsel for Petitioner(s) : Dinesh Kumar Shukla Counsel for Respondent(s) : Vijay Dixit Ateequr Rehman (In Adhar Ateequr Rehman Abdul Haleem Khan ) .....Petitioner(s) Rajendra Singh And 13 Others .....Respondent(s) paper book of the instant petition to Shri Vijay Dixit learned counsel for the respondent who shall complete his instruction in terms of the earlier order. List this matter on 23rd of September, 2025 as fresh showing the name of Shri Vijay Dixit in the printed cause list as counsel for the respondent." In furtherance thereof, today a copy of the instructions under the signatures of the Presiding Officer of Additional Civil Judge (Junior Division) Court no.4, Gonda has been placed before this Court. The said instructions indicate that after the exchange of pleadings, the issues were framed on 23.02.2015 whereafter preliminary issues were also disposed of on 03.04.2015. This is important for the reason that the petitioner in paragraphs-11 and 12 of writ petition has made the following averments which are reproduced hereinafter:- "11. That in the present suit opposite parties had already appeared and they had filed written submission/objection against suit filed by petitioner in the matter. A copy of the W.S. is being annexed here with as Annexure No.3 to this petition. 12. That the suit has been listed several time but due to non cooperation by the respondent it has not been decided on merit till now. A typed copy of latest updated order sheet are being annexed here with as Annexure No.4 to this petition." The petitioner has brought the latest updated order sheet (as alleged by the petitioner) as Annexure-4, at running page-28 which is an extract of the order sheet which is said to have been placed on record before this Court indicates that on 23.02.2015, a general date has been fixed for 29.01.2016 i.e almost after one year. This was something which had alarmed the Court and had prompted Sri Dixit to seek complete instruction in the matter. As per the instructions, which has been placed before the Court, on 23.02.2015, issues were framed and thereafter as noticed above, on 03.04.2015, preliminary issues were decided, however, extracts of order sheet give a different picture altogether, hence, the averment made in the petition and the annexure apparently is incorrect and false. This Court does not appreciate such conduct for the reason that the petitions under Article 227 of the Constitution of India seeking expeditious disposal of proceedings before the trial court is generally not entertained unless there are some glaring errors of procedure or reasons otherwise. For the reasons as notice above, this Court was a little concern, for which the A227 No. 5030 of 2025 2 instructions were sought, however, the averments in the petition and the order sheets have turned down to be incorrect. At this stage, Sri Shukla learned counsel for the petitioner submits that he may be permitted to not press the petition. His request is rejected as this Court will not permit the petitioner to make false and incorrect statements or introduce incorrect order sheets, relying upon which, this Court may ascertain as to how the proceedings are being carried forward by the Courts. Accordingly, the petition is dismissed with a cost of Rs.5,000/- to be deposited before the Mediation and Conciliation Centre of the High Court within two weeks from today. October 6, 2025 Harshita A227 No. 5030 of 2025 3 (Jaspreet Singh,J.) Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench