SHYAMAL KUMAR SEN, C. J.

( 1 ) IN the Instant writ petition, the petitioner has prayed for issuance of a writ of mandamus commanding the Additional Chief Judicial Magistrate V/civil Judge (Senior Division ). Gorakhpur to adjudicate and decide Original Suit No. 1990 of 1988, Nitya Wand Pandey v. Sharda Prasad Pandey and others within a specified time.

( 2 ) THE facts alleged by the writ petitioner is that the petitioner filed a suit for permanent injunction restraining the respondents from cutting down the trees standing over the suit land as well as from raising any construction over the same. A relief for mandatory injunction for removal of boundary wall and door raised over the suit land has also been claimed. The aforesaid suit filed on 9. 8. 1988 was registered as Original Suit No. 1990 of 1988, Nttya Nand Pandey v. Sharda Prasad Pandey and others in the Court of Munsif, Gorakhpur, now pending in the Court of Additional Chief Judicial Magistrate V/civil Judge (Senior Division), Gorakhpur.

( 3 ) TN the said suit, written statement was filed and necessary issues were settled. The parties also led their evidence in support of their respective claims. It has been alleged by the wri

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