Ashok Kumar Tripathi Vs Shri Radhey Shyam Tiwari and 7 Others

Court No. - 48

Case :- MATTERS UNDER ARTICLE 227 No. - 2132 of 2020

Petitioner :- Ashok Kumar Tripathi Respondent :- Shri Radhey Shyam Tiwari And 7 Others Counsel for Petitioner :- Kamlesh Tiwari

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Hon'ble Ashwani Kumar Mishra,J.

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Plaintiff petitioner has instituted Original Suit No.1206 of 1992, seeking relief of partition in respect of the suit property. This suit has remained pending since 1992. It is contended that parties have entered into a settlement on 23rd November, 2013 but even thereafter the suit has not been decided in terms of the compromise. This petition, accordingly, has been filed for a direction upon the court concerned to dispose of the matter in terms of the compromise.

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Considering the nature of the order proposed to be passed, notices need not be issued to the contesting respondents, and the writ petition is being disposed of, at this stage itself.

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It is not in issue that the original suit has remained pending since 1992 and a period of about 28 years have expired. The parties are all senior citizens. In case the parties have voluntarily entered into a compromise it is expected that the court concerned shall look into it and pass necessary orders in accordance with law. Keeping the matter pending for so long would not be justified.

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In the facts and circumstances, noticed above, this writ petition stands disposed of with a direction upon the court concerned to expedite the proceedings of Original Suit No.1206 of 1992 and to conclude it by fixing weekly dates, without granting any unnecessary adjournment to either of the parties, at the earliest possible. It goes without saying that no request for adjournment would be entertained, except on payment of costs which would not be less than Rs.1,000/- for a day.

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Order Date :- 16.6.2020 Anil

Ashok Kumar Tripathi v. Shri Radhey Shyam Tiwari and 7 Others

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Ashok Kumar Tripathi v. Shri Radhey Shyam Tiwari and 7 Others

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