A single judge in a PIL under Article 227 dismissed the petitioner's prayer for a direction to decide the underlying suit within a time bound manner, relying on a Division Bench precedent that such directions are not ordinarily issued as it increases workload for pending suits.
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Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 8808 of 2018
Petitioner :- Vijay Shankar Tripathi Respondent :- Kashi Gomati Sanyukt Gramin Bank Varanasi And 4 Others Counsel for Petitioner :- Satya Deo Ojha Counsel for Respondent :- Parshuram Chaubey
Hon'ble Mrs. Sunita Agarwal,J.
Sri Parshuram Chaubey, learned Advocate has put in appearance on behalf of the respondent-bank.
The prayer made in the present petition is to issue direction to the court below to decide the suit filed by the petitioner within stipulated period.
A Division Bench of this Court in the case of Ali Shad Usmani & others Vs. Ali Isteba & others reported in 2015 (2) ADJ 250 (DB) has held that this Court shall not ordinarily issue direction to the trial court to decide the suit in a time bound manner as it creates additional work in the trial court when oldest suits are pending.
Following the aforesaid judgement of Division Bench of this Court, this Court is not inclined to issue any direction.
Dismissed as such.
Order Date :- 27.11.2018 Pratima
1 issue framed by the court
Whether the High Court can issue a direction to the trial court to decide the suit within a stipulated period.
Colour shows how this judgement treated each authority
Ali Shad Usmani & others Vs. Ali Isteba & othersFollowed¶7
Ali Shad Usmani & others Vs. Ali Isteba & others reported in 2015 (2) ADJ 250 (DB)
Vijay Shankar Tripathi
Kashi Gomati Sanyukt Gramin Bank Varanasi
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
