This petition under Article 227 was dismissed because the petitioner filed an incomplete recordsheet with only four dates from the underlying civil suit instead of the full ordersheet required for the writ court to appreciate the facts and grant relief.
The writ petition was dismissed at this stage due to inadequate filing of the ordersheet.
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Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 4172 of 2018
Petitioner :- Murali Respondent :- Brahma Nand And 6 Others Counsel for Petitioner :- Krishna Nand Yadav
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Krishna Nand Yadav, learned counsel for the petitioner.
This writ petition has been filed praying for the following relief:
"(i) to direct the learned Civil Judge (Junior Division), Maharajganj to consider and decide the 6-C2 application filed in Civil Suit No.548 of 2015 ( Murali Versus Brahma Nand and others) in accordance with law, within stipulated period.
(ii) issue any other suitable order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.
(iii) allow the writ petition."
Considering the facts and circumstances of the case, I do not find any good reason to grant a relief as prayed, inasmuch as, the petitioner has not even filed the complete copy of the ordersheet, but merely picked up four dates and filed a copy thereof as Annexure-8 to the writ petition, so as to give an impression, as if only four dates have been fixed between 1.8.2015 to 7.5.2018.
In view of the aforesaid, the writ petition is dismissed at this stage.
Order Date :- 1.6.2018 Ak/
1 issue framed by the court
Whether the writ court should direct the subordinate court to decide the underlying civil application within a stipulated period given the defective filing by the petitioner.
Murali
Brahma Nand And 6 Others
Surya Prakash Kesarwani
As recorded by the court registry
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