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Smt. Asha Singh vs Civil Judge (J.D.) Court No. 16 ...

High Court Of Judicature at Allahabad|29 August, 2019

JUDGMENT / ORDER

Heard learned counsel for the petitioner.
In view of the order proposed to be passed this Court does not deem it necessary to issue notice to the respondent Nos.2 to 4 as their interest would be well protected by the order passed by this Court.
This writ petition has been filed on the following prayer :-
"[I] Direct the learned Civil Judge (Junior Division), Court No.16, Raebareli to decide the petitioner's original suit No.229/2006 (Smt. Asha Singh Vs. Shiv Pratap Singh and others) for permanent injunction, expeditiously within stipulated period of time as fixed by this Hon'ble Court.
[II] Direct the learned Civil Judge (Junior Division), Court No.16, Raebareli to decide the petitioner's application No.176-Ga/2, Under Section-151 Cr.P.C. seeking police force in compliance of stay order dated 24.08.2016 passed by the learned court below to provide protection for harvesting the crop standing over petitioner's land expeditiously on the next early date of hearing, in the interest of justice.
[III] Issue such other order or direction, which this Hon'ble Court may deem, fit and proper under the facts and circumstances of the case, in favour of the petitioner.
[IV] Allow the instant petition with cost in favour of the petitioner."
Submission of learned counsel for the petitioner is that the Original Suit No.229/2006 (Smt. Asha Singh Vs. Shiv Pratap Singh and others) is pending since 2006 and the application No.176-Ga/2, filed by the petitioner seeking police force for harvesting the crop is also pending and in case direction is issued to decide the same, justice would be met.
This court on administrative side has already issued directions to the court below to obtain zero pendency of cases which are more than five years old. In view of directions already issued on administrative side, this court is not inclined to pass any further order on judicial side.
However, it is always open for the petitioners to move appropriate application before the court before which the matter is pending for expeditious hearing.
With the aforesaid, the petition is disposed of.
Order Date :- 29.8.2019 Gautam
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Title

Smt. Asha Singh vs Civil Judge (J.D.) Court No. 16 ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
29 August, 2019
Judges
  • Irshad Ali