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Allahabad High Court · body

2015 DIGILAW 1964 (ALL)

Jitendra Singh Sagar v. Civil Judge (J. D. )

2015-07-20

MANOJ KUMAR GUPTA

body2015
JUDGMENT Manoj Kumar Gupta, J. The plaintiff petitioners claim to have filed Original Suit No. 564 of 2011 against the defendant respondent Nos. 2 to 4. The defendants have not filed their written statement so far. On 23 April 2014, the plaintiff moved an application that 90 days had expired long back and the defendants have not filed their written statement, consequently, the Court may proceed to pass orders against the defendants. The application bears Paper No. 23 Ga. The petitioners have now approached this Court for a direction to the trial Court to decide the said application and also for a direction to respondents to remove their unauthorised constructions. 2. A perusal of the record reveals that on 18 February 2015, the Court fixed 23 April 2015 as the next date for hearing of the application 23 Ga. It is stated that the application 23 Ga is still pending. Learned counsel for the petitioners further informed the Court that the next date fixed is 22 July 2015. 3. In such view of the matter, this petition is disposed of with direction to the trial Court to pass suitable orders on the application 23 Ga on the next date and if for some reason, the case is adjourned on that date, within fifteen days thereafter by fixing short dates. Needless to mention that before passing orders on the application of the petitioners Paper No. 23 Ga, the Court shall afford due opportunity of hearing to the other side. With these observations, the petition stands disposed of.