Disposed

Tara Chandra Agrwal v. Keshav Prasad and 4 Others

Allahabad HC13 Aug 2021A227/2801/2021

Case brief

AI extract

What is this about?

In a writ petition under Article 227, the Court directed the lower Civil Judge at Bhadohi to endeavour to conclude a suit pending for 31 years within six months, citing a specific case to address delays while clarifying adjournment rules.

What did the court decide?

Directions to Civil Judge (J.D.), Gyanpur at Bhadohi to conclude proceedings preferably within six months; exemplary cost for any adjournment.

Tara Chandra Agrwal Vs Keshav Prasad and 4… — Civil Procedure and Limitation | Allahabad HC (2021)

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Court No. - 32

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Case :- MATTERS UNDER ARTICLE 227 No. - 2801 of 2021

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Petitioner :- Tara Chandra Agrwal Respondent :- Keshav Prasad And 4 Others Counsel for Petitioner :- Deepak Kumar

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Hon'ble Rohit Ranjan Agarwal,J.

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Heard Sri Dhiraj Kumar Pandey, learned counsel for the petitioners and learned Standing Counsel for the State respondents.

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Notice need not be sent to respondents no.1 to 5, at this stage.

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It is contended by learned counsel for the petitioners that the respondent no.1 had instituted an Original Suit No.150 of 1990 (Keshav Prasad Vs. Tara Chand) before the Court of Civil Judge (J.D.), Gyanpur at Bhadohi. It is next contended that the entire evidence has been placed by both the sides and the matter has been heard by the Judge concerned, but the same has not been decided for the last 31 years. The sole prayer is for expeditious disposal of the Original Suit No.150 of 1990.

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The Division Bench of this Court in the case of Ali Shad Usmani and others vs. Ali Isteba and others, 2015 (2) ADJ 250 (DB), passed in Civil Misc. Writ Petition No. 68168 of 2006, decided on 11th December, 2014 held that no such direction can be made for early decision of any case to subordinate court or Tribunal.

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Looking to the nature of the case in hand as the matter is pending before Civil Judge for the last 31 years, this Court directs the Civil Judge (J.D.), Gyanpur at Bhadohi to make every endeavour to conclude the proceedings preferably within next six months from the date of production of copy of this order downloaded from the official website of this Court, after hearing all the concerned parties strictly in accordance with law, if there are no legal impediments.

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Writ petition stands disposed of .

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It is made clear that the court below shall not grant any adjournment to either of the parties and if any adjournment is given it should be after imposition of exemplary cost.

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Order Date :- 13.8.2021//SK Goswami

Tara Chandra Agrwal v. Keshav Prasad and 4 Others

Case brief

What is this about?

What did the court decide?

Tara Chandra Agrwal v. Keshav Prasad and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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