SURESH KUMAR TRIPATHI Vs. SANKATHA PRASAD AGRAHARI

JUDGEMENT

(1.) Heard learned counsel for the petitioner; Sri Anil Kumar Aditya for the respondent no.2 and perused the record.

(2.) The present petition has been filed against the order dated 2nd March, 2017, passed by the District Judge, Mirzapur in civil revision no.66 of 2017 as well as order dated 9th Feb., 2017, passed by Civil Judge (Sr. Div.)/F.T.C., Mirzapur in Original Suit No. 35 of 1982 (Sankatha Prasad Vs. Dwarika Nath and others).

(3.) A perusal of the record would reveal that Original Suit No. 35 of 1982 was instituted by Sankatha Prasad (first respondent) for partition of the suit property and for possession of his share after demarcation. It appears that in the suit proceeding, alleging violation of an interim injunction order, separate proceeding under Order 39, Rule 2A C.P.C. was drawn, which was dismissed by the trial Court against which F.A.F.O. No. 274 of 2016 was filed before this Court. In the said F.A.F.O. No. 274 of 2016, on 1st April, 2016, following order was passed : "Having heard learned counsel for the parties. We are of the opinion that instead of adjudicating the issues which arise in the present appeal qua violation of the temporary injunction granted in a suit pending since 1982, it is fit and proper that the suit itself be decided finally. Let a report be obtained from the District Judge, Mirzapur as to why the Original Suit No. 35 of 1982 (Sanktha Prasad Agrahari and others Vs. Dwarika Nath Agrahari and others) has not been decided finally till date i.e. even after expiry of 34 years of the institution of suit. A copy of this order may be forwarded to the District Judge, Mirzapur by the Registrar General of this Court. The report be submitted on or before 22.4.2016. We, however, provide that the suit proceedings shall be taken up on day to day basis without granting any unnecessary adjournment to either of the parties."