Petitioner filed a writ petition under Article 227 of the Constitution of India praying to direct the Additional Civil Judge, Agra, to expeditiously dispose of Original Suit No. 285 of 2015, pending since 2015, within one year.
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Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 2393 of 2022
Petitioner :- Brij Nath Agarwal Respondent :- Vinay Agarwal And 3 Others Counsel for Petitioner :- Kripa Shankar Pandey
Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the petitioner and perused the record.
Present petition under Article 227 of the Constitution of India has been filed by the petitioner with the prayer to direct the Additional Civil Judge (Senior Division), Court No. 1, Agra to decide the Original Suit No. 285 of 2015 (Brij Nath Agarwal vs. Vinay Agarwal & others) within stipulated period of time.
It is submitted by the learned counsel for petitioner that the aforesaid suit is pending for disposal since 2015 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 Additional Civil Judge (Senior Division), Court No. 1, Agra is directed to decide the Original Suit No. 285 of 2015 (Brij Nath Agarwal vs. Vinay Agarwal & others) expeditiously and if possible within a period of one year 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.
With aforesaid direction, the instant petition is finally disposed of.
Order Date :- 7.4.2022 sailesh
Digitally signed by SAILESH PRAJAPATI Date: 2022.04.08 18:01:45 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the Additional Civil Judge should be directed to dispose of the suit pending since 2015 within a stipulated period of one year: Yes
Whether any adjournments can be granted for the disposal of the suit: No (unless legal impediment)
Brij Nath Agarwal
Vinay Agarwal
Vipin Chandra Dixit
As recorded by the court registry
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