This petition under Article 227 directed the Civil Judge, Jaunpur to decide a pending suit regarding property within one year, citing delaying tactics by the defendants as the reason for the delay since 2015.
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Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 11719 of 2022
Petitioner :- Km. Sadiya Shamim Respondent :- Amina Bibi (Deceased) And 7 Others Counsel for Petitioner :- Shiv Naresh,Sakshi Patel
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Shiv Naresh, learned counsel for the petitioner and perused the record.
Present petition under Article 227 of the Constitution of India has been filed seeking a direction to the Civil Judge(Senior Division), Jaunpur to decide the Original Suit No.1878 of 2015(Km. Sadiya Shamim vs. Smt. Amina Bibi(deceased) and others) within a stipulated time period.
It is submitted by learned counsel for the petitioner that the petitioner had filed aforesaid suit for permanent injunction in the year 2015. The defendants had put in appearance and filed their written statement on 23.10.2020. Issues have been framed in the case but on account of delaying tactics adopted by the defendants-respondents, the aforesaid suit could not proceed and is pending since 2015.
Without going into merit of the case, it is appropriate that the above suit be decided expeditiously.
In view of above, Civil Judge(Senior Division), Jaunpur/Court concerned is directed to decide the aforesaid suit expeditiously, if possible within one year from the date of production of certified copy of this order without granting adjournment unnecessarily to either of the parties, unless there is any legal impediment.
With aforesaid direction, the instant petition under Article 227 of the Constitution of India is finally disposed of.
Order Date :- 19.12.2022 P.P.
Digitally signed by POONAM PATEL Date: 2022.12.20 16:42:07 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the Civil Judge, Jaunpur is directed to decide the pending suit within a stipulated time period.
Km. Sadiya Shamim
Amina Bibi (Deceased)
Vipin Chandra Dixit
As recorded by the court registry
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