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2025 DAILYLAW 196057 (ALL)

AJAY SINGH KUSHWAHA AND ANOTHER v. RAKESH AGRAWAL AND ANOTHER

A227/6084/2025 · 2025-10-17

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6084 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Padum Nath Mishra, the learned counsel for the petitioner and perused the records. 2. By means of the instant petition filed under Article 227 of the Constitution of India the petitioners have prayed for issuance of a direction to the learned Civil Judge, Senior Division, Gonda for expeditious disposal of Regular Suit No.316 of 2015: Ajay Singh Kushwaha and others Vs. Rakesh Agrawal and another, which is pending before learned trial court since 23.07.2015. 3. The aforesaid suit was filed by the petitioners and their father against the opposite parties for mandatory injunction. The petitioners' father died during pendency of suit. 4. The written statement has already been filed in the suit Versus Counsel for Petitioner(s) : Padum Nath Mishra Counsel for Respondent(s) : Ajay Singh Kushwaha And Another .....Petitioner(s) Rakesh Agrawal And Another .....Respondent(s) and issues have been framed. 5. A perusal of the order sheet of trial court indicates that on numerous occasions the suit has been adjourned without assigning any reason. 6. Expeditious disposal of suit is necessary in the interest of justice and repetitively adjourning the suit without assigning any reason cannot be appreciated. 7. Accordingly, petition is allowed and a direction is issued to learned Civil Judge, Senior Division, Gonda to decide the Regular Suit No.316 of 2015: Ajay Singh Kushwaha and others Vs. Rakesh Agrawal expeditiously in accordance with law without granting any unnecessary adjournments to any of the parties and by fixing dates at short intervals. October 17, 2025 Ram. A227 No. 6084 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench