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2025 DAILYLAW 81956 (ALL)

KAMLA DEVI v. SHAILENDRA KUMAR SINGH AND 7 OTHERS

A227/8405/2025 · 2025-08-11

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:136038 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8405 of 2025 Petitioner :- Kamla Devi Respondent :- Shailendra Kumar Singh And 7 Others Counsel for Petitioner :- Dinesh Yadav Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the petitioner and perused the record. 2. This petition has been filed for following relief: "Direct the Civil Judge (Junior Division) II Varanasi to consider and decide the injunction Suit No. 377 of 2015 (Shailendra Kumar Singh and another Vs. Deepak Kumar Jaiswal and others) and also connected with the eviction Suit alongwith temporary injunction application Case No. 137 of 2021 (Kamla Devi Vs. Shailendra Kumar Singh and another) both the aforesaid cases relating to the House No. B 31/27 D Kailash Bhawan BHU Road Varnasi, within stipulated period of time by this Hon'ble Court. And it is further prayed that this Hon'ble Court may graciously be pleased to restrain to the respondent Nos. 1 and 2 to not create any change regarding nature of the aforesaid disputed land till the disposal of aforesaid cases." 3. Contention of the learned counsel for the petitioner is that the suit is pending since 2015. It is further submitted by learned counsel for the petitioner that several dates have been fixed but the same has not been decided yet. He prayed that the same may be decided expeditiously. 4. 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 Civil Judge (Junior Division) II Varanasi to consider and decide the aforesaid case, in accordance with law, expeditiously, after ensuring service upon all the parties concerned and after giving opportunity of hearing to the parties concerned as well as opportunity to lead evidence in support of their case and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. Order Date :- 12.8.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad