Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6761 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
1. Case called out in the revised list.
2. Nobody is present on behalf of the petitioner to press the petition nor is there any request for pass over or adjournment of the case.
3. Perused the records. By means of the instant petition filed under Article 227 of the Constitution of India the petitioner has sought issuance of a direction to the learned Civil Judge, Junior Division Kunda, District Pratapgarh to decide Original Suit No.89 of 2021 expeditiously.
4. The aforesaid suit was filed by the petitioner seeking a decree of perpetual injunction and cancellation of sale deed on 28.01.2021.
5. As per the copy of order sheet annexed with the petition on 01.02.2021 the trial court issued notice and summons to the defendants. From the pleadings made, it does not reveal that notices/summons issued have been served on the defendant or not.
6. In para 10 of the petition it has been stated that "the opposite parties no.1 & 2 are not interested to file the written statement in the suit as the notices has been served to him" but there is no averment as to to how notices were served and when the trial court passed an order holding service of notice to be sufficient.
7. In these circumstances, there is no ground to issue any direction to the learned trial court for disposal of the suit in absence of any material showing that the notice has been served on the defendants and in what manner and on what date.
8. Accordingly, the petition is dismissed. However, it will be open for the Versus Counsel for Petitioner(s) : Dilip Kumar Pandey Counsel for Respondent(s) :
Ram Awadh .....Petitioner(s) Smt. Vandana And Another .....Respondent(s)
petitioner to move appropriate application before the learned trial court for expeditious disposal of the proceedings. November 21, 2025 Ram. A227 No. 6761 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench