In a writ petition under Article 227, the Single Judge directed the Civil Court to decide a pending partition suit within one year without unnecessary adjournments.
Directed the court below to decide the pending partition suit within one year from the date of certified copy of this order without unnecessary adjournments.
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Court No. - 59
Case :- MATTERS UNDER ARTICLE 227 No. - 1590 of 2019
Petitioner :- Prem Pal Mata Respondent :- Yashpal Mata And 4 Others Counsel for Petitioner :- Neeraj Rai
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Prateek Rai, Advocate holding brief of Sri Neeraj Rai, learned counsel for the petitioner.
The only relief pressed in this petition is that the Partition Suit No.867 of 2017 (Yashpal Mata Vs. Prem Pal Mata and others), pending in the court of Civil Judge (J.D.), Court No.1, Varanasai, may be directed to be decided within a time bound period.
Considering the facts and circumstances of the case, no useful purpose will be served to keep this petition pending and call for a counter affidavit.
In view of the aforesaid and without expressing any opinion on the merits of the case, this petition is disposed of providing that the court below shall decide the aforesaid suit in accordance with law, expeditiously preferably within a period of one year from the date of presentation of a certified copy of this order, without granting any unnecessary adjournment to either of the parties, if there is no legal impediment.
Order Date :- 8.3.2019 Vivek Kr.
2 issues framed by the court
Whether a partition suit may be directed to be decided within a time bound period under Article 227 supervision.
Whether Article 227 writ can be used to direct expedited disposal of a pending civil suit.
Prem Pal Mata
Yashpal Mata
Surya Prakash Kesarwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
