Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 3305 of 2021 Petitioner :- Dwarka Prasad Respondent :- Smt. Krishna Sharma Counsel for Petitioner :- Kartikeya Saran, Anand Bhaskar Srivastava
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner.
In view of the order proposed to be passed, notice need not be issued to respondent.
The petitioner has preferred the present petition under Article 227 of the Constitution of India inter-alia with following the prayers:-
"(i) Issue an appropriate order or direction setting aside the impugned order/ Judgment dated 04.02.2021 passed by the Additional District Judge, Court no. 5, Mathura, in Misc Civil Appeal no.49/2017, Dwarka Prasad and Others v. Smt.
Krishna Sharma & Another, and (ii) Issue an appropriate order or direction setting aside the impugned order/ Judgment dated 09.05.2017 passed by Additional Civil Judge-V( Sr. D.), Court No. 05, Mathura, in Suit No. 808/2011, Smt. Krishna Sharma v. Dwarka Prasad & ors., whereby the application 7-Ga for interim injunction has been allowed in favour of the plaintiff."
After some arguments, learned counsel for the petitioner confines his prayer only to the effect to decide Original Suit No. 808/2011 (Smt. Krishna Sharma v. Dwarka Prasad & others) expeditiously. It is contended by learned counsel for the petitioner that petitioner is the defendant in the aforesaid suit. It is argued that the matter is pending since long and various dates were fixed, till date no final decision has been taken. He further argued that due to pendency of the aforesaid case, the petitioner is suffering from irreparable loss and prays for expeditious disposal.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the court below to consider and decide the aforesaid case in accordance with law expeditiously but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties, if there is no legal impediment.
Order Date :- 30.9.2021 saqlain Digitally signed by PRAKASH PADIA Date: 2021.10.01 10:35:33 IST Reason: Document Owner Location: High Court of Judicature at Allahabad