Petitioner sought direction under Article 227 for expeditious disposal of Original Suit No. 717 of 2018 by Civil Judge, Moradabad. Court directed the subordinate court to decide the suit promptly.
Direction to decide Original Suit No. 717 of 2018 expeditiously and within eight months.
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. - 1 Case :- MATTERS UNDER ARTICLE 227 No. - 1557 of 2022 Petitioner :- Anis Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shruti Taneja Counsel for Respondent :- C.S.C.,Nagendra Nath Mishra
Hon'ble Piyush Agrawal,J.
Supplementary affidavit filed by learned counsel for the petitioner today, is taken on record.
List revised. None appears for the respondents.
Heard Ms. Shruti Taneja, learned counsel for the petitioner.
Learned counsel for the petitioner states that two suits i.e., Original Suit Nos. 717 of 2018 and 793 of 2019, are being heard together. She prays that a similar order be passed in Matters Under Article 227 No. 1558 of 2022, which is quoted below:-
"Present petition under Article 227 of the Constitution of India has been filed by the petitioner with the prayer to direct the Civil Judge (Senior Division), Moradabad to decide the Original Suit No. 717 of 2018 (Anis vs. State of U.P. and Others) within stipulated period of time.
It is submitted by the learned counsel for petitioner that the aforesaid suit is pending for disposal since 2018 and on account of delaying tactics adopted by the respondents, it could not be decided till date and only prayer is to direct the Court concerned for expeditious disposal of the same.
Considering the submissions of learned counsel for the petitioner and without going into merit of the case, the Civil Judge (Senior Division), Moradabad is directed to decide the Original Suit No. 717 of 2018 (Anis vs. State of U.P. and Others) expeditiously and if possible within a period of eight months from the date of production of certified copy of this order without granting any unnecessary adjournment to either of the parties, unless there is any legal impediment."
Accordingly, the present writ petition is finally disposed of in the same terms.
Order Date :- 27.5.2022 Vik/-
Digitally signed by VIKRAM GUPTA Date: 2022.05.27 14:40:06 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court should direct the Civil Judge to decide the pending civil suit within a stipulated period to prevent delay.
1 provisions across 1 enactments
Anis
State Of U.P.
Piyush Agrawal
Vikram Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
