The High Court, following its Division Bench jurisprudence, refused to issue a direction to the trial court to decide the respondent's suit within a stipulated period.
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Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 9126 of 2018
Petitioner :- Chandra Mohan And Another Respondent :- Manoj Counsel for Petitioner :- Suchit Tandon
Hon'ble Mrs. Sunita Agarwal,J.
The prayer made in the present petition is to issue direction to the court below to decide the suit filed by the respondent 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 :- 7.12.2018 Pratima
1 issue framed by the court
Whether the High Court should issue a direction to the trial court to decide the suit within a stipulated time bound manner under Article 227.
Colour shows how this judgement treated each authority
Ali Shad Usmani & others Vs. Ali Isteba & othersFollowed¶6
Ali Shad Usmani & others Vs. Ali Isteba & others, 2015 (2) ADJ 250 (DB)
1 provisions across 1 enactments
Chandra Mohan
Another
Manoj
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
