In a writ petition under Article 227 regarding civil suit delays, the single-judge bench directed the court below to decide the suit within one year without examining merits or interfering with the impugned order.
Direction to the court below to decide the suit expeditiously within one year.
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Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 846 of 2021
Petitioner :- Subedar Ram And Another Respondent :- Civil Judge And 2 Others Counsel for Petitioner :- Kamlesh Kumar Yadav
Hon'ble Prakash Padia,J.
The petitioners have preferred this petition under Article 227 of the Constitution of India inter-alia with following prayers:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to call for record and set-aside the order dated 02.01.2021 passed by the Additional District Judge/2nd Fast Track Court, Ghazipur in Revision No.57 of 2019 (Subedar Ram Vs. Baijnath and another) arising out of suit no.161 of 2003 and impugned order dated 08.08.2005 and 26.07.2019 passed by Civil Judge (S.D.), Ghazipur in O.S. No.161 of 2003 [Murat (since died) Vs. Baijnath]"
After some argument counsel for the petitioner confined his prayer only to the effect to direct the court below to decide the O.S. No.161 of 2003 expeditiously.
Heard learned counsel for the parties and perused the record.
Without entering into the merits of the case and without interfering with the order passed by the court below which is under challenge in the present writ petition, the present petition is disposed of finally with a direction to the court below to decide the aforesaid suit expeditiously preferably within a period of one year from the date of a copy of this order.
Order Date :- 10.8.2021 pks
1 issue framed by the court
Whether the High Court should direction the subordinate court to decide the suit expeditiously.
1 provisions across 1 enactments
Subedar Ram
Civil Judge
2 Others
Prakash Padia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
