This petition under Article 227 sought a direction to expedite a pending civil suit. The court dismissed the petition, noting that work stoppages during the Coronavirus epidemic justified the delay and found no laxity by the trial court.
No direction to expedite the trial was issued.
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Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 1805 of 2022
Petitioner :- Smt. Hadisun Nisha Respondent :- Idrisunnisha And 2 Others Counsel for Petitioner :- Krishna Kumar Singh,Vikas Rastogi
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the petitioner.
The present petition has been filed by the petitioner praying for a direction directing the Additional Civil Judge (Junior Division)/F.T.C, Allahabad to decide Case No.1427 of 2016 (Smt.Hadisun Nisha versus Smt. Idrisunnisha and others) .
The order sheet of the case annexed with the petition discloses that issues were framed in the case on 20.10.2016. However, it is common knowledge that from 2020 till date, the Civil Courts have not been functioning in their full capacity because of frequent closures due to Corona Epidemic. The order sheet does not disclose any laxity on the part of the trial court. In the circumstances, there is no occasion to issue a direction directing the trial court to expedite the trial of the case.
The petition is dismissed.
Order Date :- 24.3.2022 IB
Digitally signed by ITU BANERJEE Date: 2022.03.24 17:22:48 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether a direction should be issued to the trial court to expedite the trial due to alleged inaction caused by the epidemic.
Smt. Hadisun Nisha
Idrisunnisha and 2 Others
Salil Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
