In this Article 227 writ petition, the court declined to issue a direction for expediting a suit pending since 2006 at a vacant court, leaving the petitioner to approach the District Judge for transfer.
Petitioner directed to file application with District Judge for transfer of proceedings.
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Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 9086 of 2018
Petitioner :- Shri Thakur Sitaramji Maharaj Virajman, Allahabad Respondent :- Shusil Kumar Chowdhary Counsel for Petitioner :- Arvind Kumar,Manish Jaiswal
Hon'ble Manoj Kumar Gupta,J.
The sole relief claimed in the instant petition is for directing the trial Court to decide SCC Suit No. 35/2006 within a stipulated time frame.
It is evident from paragraph 11 of the petition that the Court is lying vacant since 24.2.2018 and as such, this Court is not inclined to issue any direction, as prayed for in the instant petition, but leaves it open to the applicant, if so advised, to file an application before District Judge for transfer of the proceedings to some other Court, or as and when, a Presiding Officer is posted in the Court where the proceedings are pending, it shall be further open to the petitioner to request for expeditious disposal of the proceedings. In that event, the Court having regard to the fact that the suit is of the year 2006, would make endeavour to decide the same expeditiously, without granting unnecessary adjournments to the parties.
The petition stands disposed of accordingly.
(Manoj Kumar Gupta, J.)
Order Date :- 4.12.2018 AM/-
1 issue framed by the court
Whether the High Court should direct the vacant trial court to decide a suit pending since 2006.
Shri Thakur Sitaramji Maharaj Virajman
Shusil Kumar Chowdhary
Manoj Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
