This Article 227 writ petition directed the Civil Judge to decide a pending suit swiftly. The Court ordered disposal without undue adjournments within one year, after reasonable hearing, without commenting on merits.
Director the Civil Judge to decide Suit No. 124 of 2014 within one year without undue adjournments.
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. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 1880 of 2022
Petitioner :- Khursheed Haidar Respondent :- Halma Bibi And Another Counsel for Petitioner :- Keshawa Prasad Pandey,Krishna Chandra Pandey
Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for petitioner and perused the record.
This petition under Article 227 of the Constitution of India has been filed by petitioner for expeditious disposal of Suit No.124 of 2014 (Khursheed Haidar Vs. Halma Bibi and others) pending in the court of Civil Judge (Junior Division), Dumariyaganj, Siddharth Nagar, within a stipulated period.
It is submitted by learned counsel for petitioner that suit filed by petitioner for permanent injunction is pending since 2014 and on account of delaying tactics adopted by respondents the case could not be proceeded.
Considering the facts and circumstances of the case and without commenting on the merits of the case, learned Civil Judge (Junior Division), Dumariyaganj, Siddharth Nagar is directed to decide the Suit No.124 of 2014 (Khursheed Haidar Vs. Halma Bibi and others), expeditiously in accordance with law after affording reasonable opportunities of hearing to the parties concerned, preferably within a period of one year from the date of production of certified copy of this order, without granting undue adjournments to either of the parties, unless there is any legal impediment.
With the aforesaid directions, the petition is disposed of. Order Date :- 6.4.2022 Kpy
Digitally signed by KAVLESHWAR PRASAD YADAV Date: 2015.01.09 09:27:46 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court should direct the Subordinate Court to dispose of a pending suit expeditiously and without undue delays?
Whether the High Court can issue directives to the Civil Judge to decide a suit within a stipulated time period?
1 provisions across 1 enactments
Khursheed Haidar
Halma Bibi
Another
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
