Writ petition filed for expeditious disposal of a pending civil suit. Court observed that if petitioner avoids unnecessary delays, the lower court should decide the matter quickly.
Observation directing lower court to dispose of the case expeditiously if unnecessary adjournments are avoided.
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Court No. - 58
Case :- MATTERS UNDER ARTICLE 227 No. - 3133 of 2019
Petitioner :- Liaquat Husain Khan Respondent :- Muhammad Umar Counsel for Petitioner :- Sudhanshu Pandey
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Sudhanshu Pandey, learned counsel for the petitioner.
The only prayer in the present petition is for a direction for expeditious disposal of the suit, SCC Suit No.76 of 2016 (Liaquat Husain Khan Vs. Mohd. Umar) said to be pending before the Judge, Small Causes Court, Gorakhpur.
Learned counsel for the petitioner placing reliance on the order sheet of the case which has been filed alongwith the petition submits that the proceedings in the case are at the stage of evidence and although dates are being fixed the case is being adjourned for some reason or the other. It is further submitted that the delay in disposal of the suit is causing undue hardship to the petitioner.
In view of the aforementioned facts and circumstances, the present petition is disposed of with an observation that in case the petitioner appears before the court below and does not seek any unnecessary adjournment it is expected that the court below would make an endeavour to decide the aforesaid case expeditiously in accordance with law provided there is no other legal impediment.
Order Date :- 25.4.2019 Shahroz
(Dr. Y.K. Srivastava,J.)
1 issue framed by the court
Whether to direct the lower court to dispose of pending civil suit expeditiously without unnecessary adjournments.
Liaquat Husain Khan
Muhammad Umar
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
