In a petition under Article 227 challenging delay in a civil suit regarding permanent injunction, the Court directed the trial Judge to decide the suit expeditiously without granting unnecessary adjournments.
Directed the trial Judge to decide the suit expeditiously without unnecessary adjournments.
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Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 8843 of 2018
Petitioner :- Asha And 2 Others Respondent :- Chaman Lal And 2 Others Counsel for Petitioner :- Vinod Sinha,Mahesh Sharma
Hon'ble Manoj Kumar Gupta,J.
The instant petition under Article 227 of the Constitution has been filed seeking a direction to the trial Judge to decide Original Suit No.974 of 2007 expeditiously, within a time stipulated by this Court.
The suit in question has been instituted by the petitioners for permanent injunction restraining the defendants from interfering in their possession over the suit property. Learned counsel for the petitioners points out that the suit is at the stage of recording of evidence of PW-3. He submitted that since more than eleven years have passed but the suit has remained pending, consequently, the petitioners are suffering irreparably.
Having regard to the facts of the case and the submissions made, the petition is disposed of by directing the trial Judge to make all endeavour to decide the suit expeditiously, without granting unnecessary adjournments to the parties.
(Manoj Kumar Gupta, J)
Order Date :- 30.11.2018 SL
2 issues framed by the court
Whether to direct the trial Judge to decide Original Suit No.974 of 2007 expeditiously.
Whether to stipulate a timeframe for the disposal of the pending civil suit.
Asha And 2 Others
Chaman Lal And 2 Others
Manoj Kumar Gupta
As recorded by the court registry
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