Petitioner prayed for direction to decide Original Suit No.426 of 2011 expeditiously. Court found the trial court was vacant with no Presiding Officer. Petition disposed without issuing direction, advising transfer or waiting for posting.
None issued. Petition disposed advising petitioner to seek transfer or wait for posting.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 4716 of 2019
Petitioner :- Santosh Kumar Singh Respondent :- Jai Prakash And 3 Others Counsel for Petitioner :- K.K.Rao
Hon'ble Manoj Kumar Gupta,J.
The instant petition has been filed for issuing a direction to the trial court to decide Original Suit No.426 of 2011 expeditiously.
The suit in question has been filed by the petitioner alongwith one Smt. Renu Singh. A perusal of order sheet reveals that the court is lying vacant.
On the last date, counsel for the petitioner was granted time to apprise the court of the latest position, i.e., whether any Presiding Officer has been posted in the court or not.
It is not clear from the material brought on record whether any Presiding Officer has been posted in the Court.
In such view of the matter, this Court is not inclined to issue any direction at this stage, but leaves it open to the petitioner, if so advised, to seek transfer of the suit to some other court or wait for posting of a Presiding Officer in the court and thereafter, make prayer to the same court for expeditious disposal of the proceedings. In that event, the new incumbent shall endeavour to decide the suit expeditiously.
The petition stands disposed of accordingly.
(Manoj Kumar Gupta, J.)
Order Date :- 29.7.2019
skv
3 issues framed by the court
Whether to issue a direction for expeditious disposal of Original Suit No.426 of 2011 pending in a court without a Presiding Officer.
Whether a petition under Article 227 should be allowed when the trial court is vacant.
Whether the petitioner can seek transfer of the suit or wait for posting of a Presiding Officer.
1 provisions across 1 enactments
Santosh Kumar Singh
Jai Prakash
3 Others
Manoj Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
