A prerogative writ under Article 226 was dismissed as a petition under Article 227, resulting in a direction for the court below to decide the Misc. Case No.30 of 2017 expeditiously within one year.
Direction to decide Misc. Case No.30 of 2017 within one year.
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. - 10
Case :- MATTERS UNDER ARTICLE 227 No. - 1067 of 2021
Petitioner :- Sanjeev Sahgal Respondent :- Additional Judge(Small Causes Court) And Another
Counsel for Petitioner :- Saqib Meezan
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner.
In view of the order proposed to be passed, notices need not go to the respondents.
The petitioner has preferred the present petition under Article 227 of the Constitution of India inter-alia with the prayer to direct the court below to decide the Misc. Case No.30 of 2017 (Sanjeev Sahgal Vs. Sanjay Sahgal) expeditiously.
It is argued by learned counsel for the petitioner that since the matter is pending consideration before the court below for a long time and due to pendency of the aforesaid suit, the petitioner is suffering irreparable loss and prays for expeditious disposal.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the court below to consider and decide the aforesaid case in accordance with law expeditiously and preferably within a period of one year from the date of production of a self attested computer generated copy of this order downloaded from the official website of High Court Allahabad but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties.
Order Date :- 19.2.2021/saqlain
3 issues framed by the court
Whether the High Court should direct the Court below to decide the pending misc. case expeditiously.
Whether to grant a time-frame for the disposal of the mentioned suit.
Whether the petitioner is suffering irreparable loss due to pendency.
Sanjeev Sahgal
Additional Judge(Small Causes Court) And Another
Prakash Padia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
