This writ petition under Article 227 sought a direction to decide a long-pending eviction suit. The High Court issued a three-month timeline for the Trial Court to decide the matter.
Direction to the learned Trial Court to decide the matter within three months from the date the certified copy of the order is produced.
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Court No. - 26
Case :- MATTERS UNDER ARTICLE 227 No. - 3167 of 2018 Petitioner :- Lovkush Kumar Respondent :- Civil Judge (Senior Division) And 3 Others
Counsel for Petitioner :- Rajiv Chowdhury
Hon'ble Mrs. Sangeeta Chandra,J.
This petition has been filed by the petitioner / landlord praying for a direction to be issued to the Civil Judge (Senior Division) / Fast Track Court, Mirzapur to decide JSCC Suit No. 2 of 1998 (Luvkush Kumar & others Vs. M/s Goyal Pratishthan Dakinganj, Mirzapur & others) pending since 23.4.1998 within a time period stipulated by this Court.
Learned counsel for the petitioner submits that the said suit was filed by the landlord for eviction of the tenants in April 2004. The petitioner / landlord is now aged about 68 years and he suffers from joint disease of both knee due to his old age. The suit was not being decided expeditiously and therefore he had filed a petition registered as Matters Under Article 227 no. 1474 of 2011 praying for similar relief before this Court in 2011 itself.
This Court did not choose to issue any such direction for deciding the matter within a stipulated time period. It had nevertheless observed that the learned Court below may decide the aforesaid Suit in accordance with law and according to length of pendency of Suit in its Court, without granting any unnecessary adjournment to the parties. This order was passed on 13.7.2011.
Thereafter the matter was continuously listed, but no orders were passed on merits and even the Trial Court by its order dated 2.1.2013 has observed that it is one of the longest pending cases of the Court concerned and finds mention in the list submitted to this High Court and had directed the matter to proceed ex-parte against the tenant. Later on, an application being moved
the order was recalled.
Learned counsel for the petitioner submits that he has filed a copy of order sheet which would show that despite the transfer of the said suit to the Fast Track Court, it has not yet been decided. Several dates have been fixed which have been mentioned by the petitioner / landlord in paragraph 10 of this petition.
Looking into the facts and circumstances of the case, this Court finds it appropriate to issue a direction to the learned Trial Court to decide the matter within a period of three months from the date a certified copy of this order is produced before him.
Petition thus stands disposed of.
Order Date :- 4.5.2018 Arif
1 issue framed by the court
Whether a direction should be issued to the lower court to decide a pending eviction suit within a stipulated time.
1 provisions across 1 enactments
Lovkush Kumar
Civil Judge (Senior Division) And 3 Others
Sangeeta Chandra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
