This Article 227 petition sought a direction to the Trial Court to decide a pending eviction suit of ten years. The court directed the lower court to dispose of the suit within six months.
Direction to the learned Trial Court to decide the pending suit within six months from the date of this order.
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Court No. - 26
Case :- MATTERS UNDER ARTICLE 227 No. - 3456 of 2018 Petitioner :- Sri Thakur Sitaramji Maharaj Virajman,946,Mutthiganj, Allahabad Respondent :- Sri Om Prakash And 5 Others Counsel for Petitioner :- Manish Jaiswal,Anil Kumar
Hon'ble Mrs. Sangeeta Chandra,J.
This petition has been filed praying for a direction to the learned Trial Court to decide the SCC Suit No. 66 of 2008 (Sri Thakur Sitaramji Maharaj Virajman vs Om Prakash and others) within a stipulated time frame.
Learned counsel for the petitioner submits that the eviction suit was filed by the petitioner-landlord against the tenant in 2008. By 2012, the pleadings were completed. On 09.08.2012, the evidence from the side of the petitioner has also been filed, and date had been fixed for examination-in-chief. Despite several dates being fixed thereafter the defendants had deliberately ignored to conduct cross-examination. The opportunity of crossexamination was closed on 10.09.2013, but the order was recalled thereafter on an application being moved.
Learned counsel for the petitioner says that from a perusal of the order sheet, which has been filed along with paper book of this petition, it is evident that since 14.04.2014 several dates have been fixed for cross-examination, but the defendants are adopting all manner of delaying tactics for the reasons that they are enjoying the possession of the tenanted premises.
Accordingly, this petition is disposed of with a direction to the learned Trial Court to decide the SCC Suit No. 66 of 2008, which is pending for the last ten years, as expeditiously as possible say within a period of six months from the date a certified copy of this order is produced before the court concerned.
Order Date :- 17.5.2018 Sazia
1 issue framed by the court
Whether the court can direct the Trial Court to decide a pending eviction suit within a specified time frame.
Sri Thakur Sitaramji Maharaj Virajman
Sri Om Prakash And 5 Others
Sangeeta Chandra
As recorded by the court registry
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