In this Article 226 jurisdiction petition challenging delay in a suit, the High Court directed the trial court to decide the suit within six months without unnecessary adjournments.
Direction to the trial court to decide the suit expeditiously within six months from the date of production of a certified copy of the order.
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Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 8867 of 2018
Petitioner :- Sushil Kumar Bajpai Respondent :- Judge Khafifa, Jhansi And Another Counsel for Petitioner :- Kripa Shankar Pandey
Hon'ble Manoj Kumar Gupta,J.
A supplementary affidavit has been filed bringing on record the order sheet of SCC Suit No. 2/2006.
The sole relief claimed in the instant petition is for issuance of a direction to the trial Court before whom SCC Suit No. 2/2006 is pending, at the behest of the petitioner, to decide the same, within a specified time.
Learned counsel for the petitioner submitted that the defendant is delaying the disposal of the suit, and he had recently filed an application seeking amendment in the written statement. It is urged that the petitioner is suffering irreparably on account of nondisposal of the suit.
Having regard to the facts of the case and the submissions made, the petition is disposed of by directing the trial Court to make all endeavour to decide the suit expeditiously, without granting unnecessary adjournments, preferably within a period of six months from the date of production of a certified copy of this order, provided there is no legal impediment.
(Manoj Kumar Gupta, J.)
Order Date :- 11.12.2018 AM/-
1 issue framed by the court
Whether the High Court ought to direct the trial court to decide the pending SCC Suit No. 2/2006 expeditiously within a specified time.
Sushil Kumar Bajpai
Judge Khafifa, Jhansi
Manoj Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
