Under Article 227, the Court directed the trial Court to decide a rent recovery and eviction suit expeditiously without unnecessary adjournments, while having regard to Order 17 Rule 1 CPC.
Direction to trial Court to decide suit expeditiously without unnecessary adjournments.
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Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 9299 of 2018
Petitioner :- Raj Kapoor Sonkar And 4 Others Respondent :- Mohd. Arif Counsel for Petitioner :- Chandra Narayan Mishra
Hon'ble Manoj Kumar Gupta,J.
The sole relief claimed in the instant petition is for issuance of a direction to the trial Court before whom SCC Suit No. 92/2015, is pending, to decide the same, within a specified time.
The suit has been filed by the petitioners against the respondent for recovery of arrears of rent and for eviction from a shop in his tenancy. It is urged that the respondent is delaying the disposal of the proceedings and has so far sought fourteen adjournments.
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. It is further provided that in case, any adjournment has to be allowed, the Court will have due regard to the provisions of Order 17 Rule 1 C.P.C..
(Manoj Kumar Gupta, J.)
Order Date :- 11.12.2018 AM/-
2 issues framed by the court
Whether a direction can be issued under Article 227 to expedite disposal of pending civil suits.
Whether the trial Court should be directed to avoid unnecessary adjournments.
2 provisions across 2 enactments
Raj Kapoor Sonkar And 4 Others
Mohd. Arif
Manoj Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
