The High Court dismissed a second writ petition filed under Article 227 for immediate disposal of a civil suit. The bench held the petition was not maintainable as no valid reasons existed to issue directions given the firm refusal in an earlier similar petition and lack of knowledge regarding the lower court's roster.
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Court No. - 59 Case :- MATTERS UNDER ARTICLE 227 No. - 4318 of 2019 Petitioner :- Neeraj Agrawal Respondent :- Civil Judge And 2 Others Counsel for Petitioner :- Rahul Kumar Sharma
Hon'ble Surya Prakash Kesarwani,J.
The petitioner has also filed a petition being Matter Under Article 227 No.5526 of 2018 which was disposed of by order dated 08.08.2018 as under:
"Heard learned counsel for the petitioner.
The petitioner is before this Court for a direction to court concerned to decide Original Suit No.135 of 2018 within stipulated period.
The Court has proceeded to examine the record in question. The Court is totally unaware of the roster and catalogue that is maintained by the court concerned and in what way and manner the court concerned is working, as such this Court cannot give direction to decide the suit in question within the stipulated time frame, but certainly it is made clear that no unnecessarily adjournment shall be granted in the case and all endeavour should be made to decide the case expeditiously, subject to cooperation of parties as well as convenience/roster of the court concerned.
With the above, present writ petition is disposed of. "
The present petition has been filed praying for a direction to the court below to decide the application under Order VII Rule 11 of the C.P.C.
In view of the facts noted above, the present petition is the second petition which is not maintainable. That apart for reasons recorded in the aforequoted order dated 08.08.2018, I do not find any good reason to issue any direction as prayed.
Therefore, the petition is dismissed.
Order Date :- 27.5.2019 Nitin Verma
2 issues framed by the court
Whether a second writ petition filed for immediate disposal of a civil suit is maintainable.
Whether any directions can be issued regarding the disposal time of a suit when the lower court's roster is unknown to the writ court.
Neeraj Agrawal
Civil Judge
Surya Prakash Kesarwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
