On a petition under Article 227 of the Constitution, the High Court directed the Civil Judge to dispose of a pending property injunction suit expeditiously within one year, prohibiting undue adjournments.
Directed the Civil Judge to decide the suppression suit within one year and refrain from granting 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. - 1888 of 2022
Petitioner :- Rameshchandra And Another Respondent :- Rajesh Kumar Counsel for Petitioner :- Avijit Saxena
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Avijit Saxena, learned counsel for petitioners and perused the record.
This petition under Article 227 of the Constitution of India has been filed by petitioners for expeditious disposal of Original Suit No.261 of 2017 (Rajesh Kumar Vs. Ramesh Chandra and another) pending in the court of Civil Judge (Junior Division), Bidhuna, Auraiya, within a stipulated period.
It is submitted by learned counsel for petitioners that petitioners are defendants in the suit filed by respondent for permanent injunction which is pending since 2017 and on account of delaying tactics adopted by respondent 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), Bidhuna, Auraiya, is directed to decide the Original Suit No.261 of 2017 (Rajesh Kumar Vs. Ramesh Chandra and another), 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: 2022.04.07 11:14:07 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court should issue directions for the expeditious disposal of a civil suit pending for a prolonged period.
1 provisions across 1 enactments
Rameshchandra And Another
Rajesh Kumar
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
