This court directed the District Judge at Kanpur Dehat to decide the pending appeal in Smt. Sarvesh Kumari v. Maheshwar Prasad within three months expeditiously.
Direction to District Judge Kanpur Dehat to decide Misc. Appeal No. 02 of 2019 within three months expeditiously.
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Court No. - 59
Case :- MATTERS UNDER ARTICLE 227 No. - 1322 of 2019
Petitioner :- Maheshwar Prasad Respondent :- Smt. Sarvesh Kumari Counsel for Petitioner :- Bhole Ram
Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for the plaintiff-petitioner.
Learned counsel for the petitioner states that moulding the relief, Misc. Appeal No.02 of 2019 (Smt. Sarvesh Kumari v. Maheshwar Prasad) pending in the court of District Judge, Kanpur Dehat, may be directed to be decided within a time bound period with liberty to the petitioner to raise objection as to the maintainability of the appeal.
Learned standing counsel has no objection to the aforesaid request.
Considering the facts and circumstances of the case and the statement made by the learned counsel for the petitioner, the relief is moulded and the writ petition is disposed of directing the concerned court below to decide the aforesaid appeal, in accordance with law, expeditiously, preferably within three months from the date of presentation of a certified copy of this order and without granting any unnecessary adjournment to either of the parties.
Liberty is also granted to the petitioner to raise all objections as may be available to him under law.
It is made clear that this Court has not expressed any opinion on merits of the case.
Order Date :- 5.3.2019 Ak/
Maheshwar Prasad
Smt. Sarvesh Kumari
Surya Prakash Kesarwani
As recorded by the court registry
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