A writ petition under Article 227 seeking a direction to expedite a pending SCC Suit No. 04 of 2014 was dismissed. The court distinguished the matter from a landmark division bench decision holding that such directions create additional workload and are not ordinarily issued when older suits are pending.
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Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 8972 of 2018
Petitioner :- Pramod Tyagi Respondent :- Civil Judge Khafifa (Junior Division) And Another Counsel for Petitioner :- Ram Babu Tiwari
Hon'ble Mrs. Sunita Agarwal,J.
The prayer made in the present petition is to issue a direction to the Court below to expedite the proceedings of SCC Suit No. 04 of 2014 (Pramod Tyagi vs. Tejpal) pending before the Court of the Civil Judge Khafifa (Junior Division), Muzaffar Nagar, within stipulated period.
Perused the order sheet.
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.
The present petition under Article 227 of the Constitution of India is dismissed .
Order Date :- 13.12.2018 Brijesh
1 issue framed by the court
Whether the High Court should direct the trial court to decide the pending suit within a stipulated period under Article 226.
Colour shows how this judgement treated each authority
Ali Shad Usmani & others Vs. Ali Isteba & othersReferred¶7
2015 (2) ADJ 250 (DB)
Pramod Tyagi
Civil Judge Khafifa (Junior Division)
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
