Petitioner sought directions under Article 227 for expeditious decision of a Section 144 CPC case pending due to vacant court seat. Court declined to issue direction, leaving parties to seek transfer or wait for a presiding officer.
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Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 7858 of 2019
Petitioner :- Anwar Aalam Respondent :- Sayed Ali Asgar And Another Counsel for Petitioner :- Ashwani Kumar Mishra
Hon'ble Manoj Kumar Gupta,J.
The prayer made in the instant petition is for issuing direction to the trial court to decide Case No. 135 of 1978 under Section 144 C.P.C. within a stipulated period.
Counsel for the petitioner points out that the proceedings of the case remained in abeyance till the year 2014 on account of pendency of a Second Appeal before this Court. He further states that the Second Appeal now stands dismissed, however, the case under Section 144 C.P.C. has yet not been decided.
A perusal of the order sheet reveals that the court is lying vacant at the present moment.
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 case 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 case expeditiously.
The petition stands disposed of accordingly.
(Manoj Kumar Gupta,J.)
Order Date :- 31.10.2019 Chandan
Anwar Aalam
Sayed Ali Asgar
Manoj Kumar Gupta
As recorded by the court registry
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