The High Court disposed of a PIL under Article 227, directing the Civil Judge at Etawah to decide a pending suit (P.A. No. 12 of 2019) within six months, imposing heavy costs for future adjournments.
Direction to the Civil Judge, Etawh to decide the pending suit within six months without unnecessary adjournments.
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. - 58
Case :- MATTERS UNDER ARTICLE 227 No. - 4687 of 2021
Petitioner :- Narendra Kumar Rayjada Respondent :- Zila Samajwadi Party And Another Counsel for Petitioner :- Om Prakash Singh
Hon'ble Shekhar Kumar Yadav,J.
Heard Sri Om Prakash Singh, learned counsel for the petitioner and perused the record.
The prayer made by the petitioner is that a direction be issued to the court below to decide the P.A No. 12 of 2019 (Narendra Kumar Rayjada vs. Zila Samajwadi Party Etawah) pending before Civil Judge (Senior Division), Etawh, within a stipulated period.
It is submitted by learned counsel for the petitioner that the petitioner is landlord of the property and he has filed a suit being P.A. No. 12 of 2019, under Section 21 (1) (A) of U.P. Urban Building Act No. 13 of 1972 on 02.8.2014. It is next submitted in spite of service of notice no-one has appeared to file written-statement and only seeking adjournment. Lastly, it is submitted that the aforesaid suit has been filed in the year 2019 and the same is pending till date.
Considering the facts of the case, without expressing any opinion on the merits of the petitioner's case, this petition is finally disposed of with a direction to the Civil Judge (Senior Division), Etawh, to decide the P.A No. 12 of 2019 (Narendra Kumar Rayjada vs. Zila Samajwadi Party Etawah), in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of six months from the date of production of certified copy of this order, if there is no legal impediment.
In case an adjournment is sought by either of the parties, the same shall be considered with heavy cost.
Order Date :- 11.11.2021 S.K.
1 issue framed by the court
Whether to direct the subordinate court to decide a pending suit expeditiously without unnecessary adjournments.
Narendra Kumar Rayjada
Zila Samajwadi Party
Another
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
