This Article 227 petition directed the lower court to decide Original Suit No.1800 of 1993 within one year without unnecessary adjournments, dispensing with the need for a counter affidavit.
Court directed the lower court to decide the original suit within one year without unnecessary adjournments.
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Court No. - 59
Case :- MATTERS UNDER ARTICLE 227 No. - 4254 of 2019
Petitioner :- Fulmati Respondent :- Navnath And 7 Others Counsel for Petitioner :- Jitendra Kumar Tripathi
Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for the petitioner.
The only relief pressed in this petition is that Original Suit No.1800 of 1993 (Navnath and others v. Ram Kripal and others, pending in the court of Additional Civil Judge (Junior Division ) (Court No.22), Deoria, 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 original 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 :- 23.5.2019 Ak/
1 issue framed by the court
Whether this writ petition should be decided without a counter affidavit to direct expeditious decision of the pending suit.
3 provisions across 3 enactments
Fulmati
Navnath and 7 Others
Surya Prakash Kesarwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
