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2025 DAILYLAW 79532 (ALL)

SHIV BABU v. BABU RAM AND 2 OTHERS

A227/7929/2025 · 2025-07-28

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:125669 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 7929 of 2025 Petitioner :- Shiv Babu Respondent :- Babu Ram And 2 Others Counsel for Petitioner :- Md Zakir Husain,Md. Nuruddin Khan Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the petitioner and perused the record. 2. The instant writ petition has been filed for following relief: " (i) direct the Civil Judge (Senior Division) Jaunpur to get his order dated 31.5.2016 complied by the respondent nos. 1 to 3 by which the respondent nos. 1 to 3 were restrained from interfering in the actual and physical possession of the petitioner in the Arazi No. 498 (Ga) as respondent nos. 1 to 3 in collusion with the local police is regularly encroaching upon the said Arazi of the petitioner and have even got constructed a pakka toilet on the said Arazi and have also amassed a large quantity of the bricks, iron, sand etc. for further construction. (ii) direct the Civil Judge (Senior Division) Jaunpur to restrain the respondent nos. 1 to 3 from interfering in the actual and physical possession over Arazi No. 498 (Ga) as already directed by the court below." 3. Contention of the learned counsel for the petitioner is that an application bearing Case No. 58 of 2024 under Order 39 Rule 2A is pending before Addl. Civil Judge (S.D.), Jaunpur and the same has not been decided despite several dates have been fixed. He prayed that the same may be decided, expeditiously. 4. In view of above, no useful purpose would be served in keeping this petition pending. 5. Accordingly, the present petition stands disposed of finally with a direction to the Addl. Civil Judge (S.D.), Jaunpur to consider and decide the aforesaid application, in accordance with law, expeditiously, preferably within a period of six months from the date of production of a certified copy of this order after ensuring service upon all the concerned parties as well as giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. Order Date :- 29.7.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad