Writ petition seeking enforcement of a 2018 order directing expedited disposal of a civil appeal. Court disposed of the petition directing the subordinate court to comply with the earlier order.
Direction to the court below to comply with the order dated 17.11.2018 in its letter and spirit.
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Court No. - 10
Case :- MATTERS UNDER ARTICLE 227 No. - 711 of 2021 Petitioner :- Rajvir Singh Respondent :- Kiran Pal Singh Counsel for Petitioner :- Varun Mishra,Kamla Kant Mishra
Hon'ble Prakash Padia,J.
Supplementary affidavit filed today in the Court is taken on record.
The petitioner has preferred the present petition with the prayer to direct the District Judge, Meerut to ensure the compliance of order dated 17.11.2018 passed in Matter Under Article 227 No.8590 of 2018 (Rajvir Singh Vs. Kiran Pal Singh).
It appears from perusal of the record that Civil Appeal No.136 of 2017 was filed by the respondent/plaintiff. In the aforesaid appeal, interim injunction was granted in favour of the appellant/respondent. The petitioner is the defendant in the aforesaid appeal. When the aforesaid appeal was not finally decided, the petitioner filed a petition being Matter Under Article 227 No.8590 of 2018 (Rajvir Singh Vs. Kiran Pal Singh) before this Court which was disposed of by a co-ordinate Bench of this Court on 17.11.2018 with the direction to the Court below to decide the aforesaid appeal expeditiously in accordance with law without entertaining unnecessary adjournment from the parties. The aforesaid Civil Appeal is not decided till date, hence the present petition.
It is stated in paragraph 3 of the supplementary affidavit that the order of this Court dated 17.11.2018 was served by the petitioner through his counsel in the Court below on 10.01.2019 but till date no final decision has been taken on the aforesaid Civil Appeal.
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 comply with the order dated 17.11.2018 passed by this Court in its letter and spirit.
Order Date :- 23.2.2021/saqlain
Rajvir Singh
Kiran Pal Singh
Prakash Padia
As recorded by the court registry
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