High Court disposed of Article 227 petition urging decision of a pending Misc. Case in Civil Court. Bench directed lower court to decide the matter expeditiously within six months without adjournments, finding no need for a counter affidavit.
Order that the lower court shall decide the pending Misc. Case within six months of this order.
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Court No. - 59
Case :- MATTERS UNDER ARTICLE 227 No. - 2214 of 2019
Petitioner :- Shiv Bachan Yadav Respondent :- Lakhraniya And 4 Others Counsel for Petitioner :- Dharm Jeet Singh
Hon'ble Surya Prakash Kesarwani,J.
Heard.
The only relief pressed in this petition is that Misc. Case No.24 of 2010 (Shiv Bachan vs. Lakhrania and others), pending in the Court of Civil Judge (Senior Division), Ballia, may be directed to be decided at an early date.
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 Misc. Case of the plaintiff-petitioner in accordance with law, expeditiously preferably, within a period of six months 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 :- 4.4.2019 Ak/
2 issues framed by the court
Whether to dispose of the petition without calling a counter affidavit and directing expeditious decision.
Whether to direct the lower court to decide the pending miscellaneous case within six months.
Shiv Bachan Yadav
Lakhraniya
4 Others
Surya Prakash Kesarwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
