The High Court, under Article 227, directed the Civil Judge Fast Track Court to decide a pending original suit within a stipulated period without unnecessary adjournments, noting that notices to private respondents were not required.
Direction to the Civil Judge to decide the pending suit on its turn without unnecessary adjournments.
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Court No. - 10
Case :- MATTERS UNDER ARTICLE 227 No. - 1063 of 2021
Petitioner :- Naurangi Devi Respondent :- Shyam Lal Counsel for Petitioner :- Ashish Kumar Mishra,Sanjay Kumar Dwivedi
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner and perused the record.
The petitioner is before this Court for a direction to Civil Judge (J.D.) Fast Track Court No.2, Varanasi, to decide the Original Suit No.403 of 2005 (Shyam Lal Vs. Naurangi Devi) within stipulated period.
In view of the order proposed to be passed, notices need not go to the private respondents.
It is argued by learned counsel for the petitioner that since the matter is pending consideration before the court below for a long time he is suffering irreparable loss.
Heard learned counsel for the petitioner and perused the record.
In the facts and circumstances of the case, without entering into merits of the case, the present petition is disposed of finally with a direction to the court below to consider and decide the matter on its turn without granting unnecessary adjournments to either of the parties if there is no legal impediment.
Order Date :- 17.2.2021 pks
2 issues framed by the court
Whether the High Court should direct the civil court to decide a pending suit within a stipulated period.
Whether notices need to be issued to private respondents in such proceedings.
1 provisions across 1 enactments
Naurangi Devi
Shyam Lal
Prakash Padia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
