In a matter under Article 227, the petitioner sought directions for disposing of an older pending suit within a stipulated period. The Bench relied on a Division Bench precedent refusing such directions to avoid accumulating trial work and dismissed the petition.
The petition for direction to decide the suit within stipulated period was dismissed.
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Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 9840 of 2018 Petitioner :- Smt. Kesar @ Kesari Devi Respondent :- Rajendra Prasad Counsel for Petitioner :- Arvind Kumar Tiwari
Hon'ble Mrs. Sunita Agarwal,J.
The prayer made in the present petition is to issue direction to the court below to decide the Original Suit No.369 of 1994 ( Keshar Devi & others Vs. Rajendra Prasad) within stipulated period.
A Division Bench of this Court in the case of Ali Shad Usmani & others Vs. Ali Isteba & others reported in 2015 (2) ADJ 250 (DB) has held that this Court shall not ordinarily issue direction to the trial court to decide the suit in a time bound manner as it creates additional work in the trial court when oldest suits are pending.
Dismissed as such.
Order Date :- 27.2.2019 Himanshu
2 issues framed by the court
Whether the Court below should be directed to decide the pending Original Suit within a stipulated time.
Whether directions for time-bound disposal of suits are ordinarily issued under Article 227.
Colour shows how this judgement treated each authority
Ali Shad Usmani & others Vs. Ali Isteba & othersDistinguished¶5
2015 (2) ADJ 250 (DB)
Smt. Kesar @ Kesari Devi
Rajendra Prasad
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
