This petition under Article 227 sought a direction to expedite pending proceedings in a civil case. The Court relied on a Division Bench precedent holding that time-bound directions create additional trial court workload. The petition was dismissed.
Direction to expedite proceedings in Case No. 743 of 2010 was denied.
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. - 9316 of 2018
Petitioner :- Mahaveer Kushwaha Respondent :- Madan Ram Counsel for Petitioner :- Jai Shanker Malviya
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 Case No. 743 of 2010 (Mahaveer vs. Manda) pending before the Court of Additional Chief Judicial Magistrate-12, Allahabad, 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
2 issues framed by the court
Whether the High Court should issue a direction to the trial court to expedite pending proceedings under Case No. 743 of 2010.
Whether an order to decide a suit in a time-bound manner creates additional work in the trial court when oldest suits are pending.
Colour shows how this judgement treated each authority
Ali Shad Usmani & others Vs. Ali Isteba & othersRelied on¶7
2015 (2) ADJ 250 (DB)
Mahaveer Kushwaha
Madan Ram
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
