In a writ petition under Article 227, the court directed the lower court to decide a pending suit regarding cancellation of a sale-deed expeditiously, preferably within one year, without expressing any opinion on the merits of the case.
Directing the lower court to decide the pending suit within one year from the certified copy of this order.
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Court No. - 59
Case :- MATTERS UNDER ARTICLE 227 No. - 4249 of 2019
Petitioner :- Dinesh And Another Respondent :- Rakam Singh And 3 Others Counsel for Petitioner :- Ravindra Kumar
Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for the petitioners.
The only relief pressed by the learned counsel for the plaintiff- petitioners before this Court is that Suit No.139 of 2018 (Dinesh and others v. Rakam Singh and others), which has been filed for cancellation of the sale-deed dated 23.12.1999 along with pending applications 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 along with pending application, if any, 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 :- 23.5.2019 Ak/
1 issue framed by the court
Whether a writ petition under Article 227 can direct the lower court to decide a pending suit within a time-bound period without expressing opinion on merits.
Dinesh
Rakam Singh
Surya Prakash Kesarwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
