Vinay Kumar and 2 Others Vs Civil Judge (Senior Division), Muzaffarnagar and 4 Others

Court No. - 26

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Case :- MATTERS UNDER ARTICLE 227 No. - 2830 of 2018

Petitioner :- Vinay Kumar And 2 Others Respondent :- Civil Judge (Senior Division), Muzaffarnagar And 4 Others

Counsel for Petitioner :- Birendra Kumar

Hon'ble Mrs. Sangeeta Chandra,J.

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(Oral).

This petition has been filed prayed for a direction to the Civil Judge (Senior Division), Muzaffar Nagar to decide the SCC Case No. 5 of 2013 (Vinay Kumar and others Vs. Rambeer Singh Saini) within the time period as stipulated by this Court.

It has been submitted by learned counsel for petitioner that the petitioner-landlords had filed SCC Suit for arrears of rent and eviction on 21.01.3013. The tenant-respondent has filed his written statement on 03.07.2013. Thereafter, the tenantrespondent has been seeking adjournments on one ground or the other. True copy of the order sheet has been filed by the counsel for petitioners to show a number of adjournments given to the tenant-respondent for the past several dates. In fact, cost has been imposed by the learned trial Court while granting such adjournments. The last such date was fixed as 11.04.2018 wherein again the tenant-respondent has sought adjournment and now the next date fixed is 24.05.2018. The pleadings have been completed and the case is being listed for examination of evidence of the tenant-respondent.

This Court finds merit in the submissions made by the learned counsel for petitioner.

Accordingly, this petition under Article 227 of the Constitution of India is disposed off with a direction to the learned trial Court to consider and decide the SCC Suit No. 5 of 2013 as expeditiously as possible say within a period of six months from the date a certified copy of this order is produced before him without giving unnecessary adjournments to either of the parties.

Order Date :- 25.4.2018 LBY

Vinay Kumar and 2 Others v. Civil Judge (Senior Division), Muzaffarnagar and 4 Others