In this writ petition under Article 227, the High Court disposed of the matter by directing the civil court below to decide a pending application within one year, without expressing an opinion on merits or hearing a counter affidavit.
Direction to the court below to decide the pending application within one year.
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Court No. - 59
Case :- MATTERS UNDER ARTICLE 227 No. - 1641 of 2019
Petitioner :- Pakhandu Pal Respondent :- Jhannann And 3 Others Counsel for Petitioner :- Ramesh Singh Kushwaha
Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for the petitioner.
The only relief pressed in this petition is that the 7-Ga application of the plaintiff/petitioner in Suit No. 454 of 2016 (Pakhandu Vs. Jhannan and Others), pending in the Court of Civil Judge (S.D.), Chandauli, 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 application 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 :- 7.3.2019 VR
1 issue framed by the court
Whether the High Court can direct the Civil Judge to decide a pending application within a time-bound period without hearing the other side.
Pakhandu Pal
Jhannan
Others
Surya Prakash Kesarwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
