Court No. - 15
Case :- WRIT - C No. - 44154 of 2013 Petitioner :- Ashutosh Kumar Alias Rajan Respondent :- Smt. Bimla Devi Simla Devi And 7 Others Counsel for Petitioner :- S. Shekhar,V.K. Singh Counsel for Respondent :- A.L.Tiwari
Hon'ble Pankaj Bhatia,J.
No one appears for the petitioner even in the revised call.
Counsel for the respondents Sri Achchey Lal Tiwari is present who informs the Court that the Suit No.343 of 2001 is still pending consideration and has not been decided as yet. He further informs that the suit is at the last stage of hearing and pleadings have been exchanged between the parties.
The only argument raised in the present writ petition was that the suit as filed by the respondents was not maintainable and as such no injunction order ought to have been passed as was done by the Civil Judge, Allahabad and was confirmed in miscellaneous appeal vide order dated 10.9.2001.
The said writ petition was filed in 2013 and the suit is of the year 2001.
Considering the entire facts as narrated above, the Court below is directed to decide the Suit No.343 of 2001 pending in the Court of Civil Judge (Senior Division) Court No.13, Allahabad or in any other Court where the said suit is pending, expeditiously preferably within a period of six months without being influenced by the observation made in the writ petition.
With the aforesaid observation, the writ petition is disposed off.
Order Date :- 22.2.2019 Hasnain