Petitioner sought direction under Article 227 to expedite civil suit proceedings pending before the Civil Judge, Haveli. The Bench relied on precedent stating that such directions create additional burden by displacing oldest pending suits. The petition was dismissed.
No relief granted. Petition for direction to expedite proceedings dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 9313 of 2018
Petitioner :- Vinay Kumar And Another Respondent :- Savitri And 2 Others Counsel for Petitioner :- Manoj Kumar Pandey
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 Suit No. 1746 of 2015 (Savitri vs. Vinay Kumar and another) pending before the Court of Civil Judge (Junior Division), Haveli, Azamgarh, 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 :- 12.12.2018 Brijesh
1 issue framed by the court
Whether the High Court should issue a direction to the trial court to expedite the proceedings of the pending suit within a stipulated time frame under Article 227 of the Constitution of India.
Colour shows how this judgement treated each authority
Ali Shad Usmani & others Vs. Ali Isteba & othersExplained¶7
Ali Shad Usmani & others Vs. Ali Isteba & others reported in 2015 (2) ADJ 250 (DB)
Vinay Kumar And Another
Savitri And 2 Others
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
