Allowed

M/S Bankey Bihari Developers Pvt. Ltd. v. M/S Fashion World Proprietor Firm

Allahabad HC2 Nov 2021A227/5990/2021

Case brief

AI extract

What is this about?

Petitioner sought direction under Article 226 for expeditious disposal of a tenant eviction suit. Court directed lower court to conclude proceedings within six months, fixing dates and banning unnecessary adjournments under threat of heavy costs.

What did the court decide?

Direction to lower court to dispose of S.C.C. Case No. 10 of 2019 within six months with short dates; heavy costs for adjournments.

M/S Bankey Bihari Developers Pvt. Ltd. Vs M/S… — Execution and Attachment | Allahabad HC (2021)

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Court No. - 69

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Case :- MATTERS UNDER ARTICLE 227 No. - 5990 of 2021

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Petitioner :- M/S Bankey Bihari Developers Pvt. Ltd. Respondent :- M/S Fashion World Proprietor Firm Counsel for Petitioner :- Kamlesh Kumar Mishra

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the petitioner.

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The innocuous prayer made in this petition is to issue a direction upon the Judge Small Causes Court/District Judge, Gorakpur to consider and decide the S.C.C. Case No. 10 of 2019 (M/s Bankey Bihari Developers Vs. M/s Fashion World Proprietor Firm), within stipulated time as deem fit by this Court.

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Learned counsel for the petitioner has submitted that the petitioner is registered Company, who is the landlord and has filed the aforesaid suit under Section 15 of Provincial Small Causes Court Act for arrears of rent and ejectment in the year 2019 . Learned counsel further submits that the pleadings between the parties have completed and now the case is fixed for evidence but the same could not be concluded and prays for a suitable direction may be issued to the concerned Court below to conclude the proceedings of the aforesaid suit.

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Perused the record and the order sheet of the court below.

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Considering the facts and circumstances of the case and submissions made but without prejudice to the merits of the case, the instant petition is disposed off directing the Judge Small Causes Court/District Judge, Gorakpur to consider and decide the S.C.C. Case No. 10 of 2019 (M/s Bankey Bihari Developers Vs. M/s Fashion World Proprietor Firm), expeditiously, in accordance with law, within a period of six months from the date of presentation of a certified copy of this order by fixing short dates and without granting unnecessary adjournments to either of the parties, if there is no other legal impediment. If the adjournment is sought by either of the parties, the court below shall impose heavy cost upon the parties.

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Order Date :- 2.11.2021

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S.Ali

M/S Bankey Bihari Developers Pvt. Ltd. v. M/S Fashion World Proprietor Firm

Case brief

What is this about?

What did the court decide?

M/S Bankey Bihari Developers Pvt. Ltd. v. M/S Fashion World Proprietor Firm

Case brief

What is this about?

What did the court decide?

What the court decided

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