Under Article 227, the High Court directed the Civil Judge at Varanasi to expeditiously decide a suit pending since 1982 within one year, preventing undue adjournments.
Directed the Civil Judge to decide the suit within one year of this order without undue adjournments.
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Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 2528 of 2022
Petitioner :- Moti Lal Vishwakarma And 3 Others Respondent :- Mukund Lal @ Bal Mukund And 30 Others Counsel for Petitioner :- Santosh Dwivedi
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Santosh Dwivedi, 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 Suit No.741 of 1982 (Moti Lal Vs. Balmukund and others) pending in the court of Civil Judge (Junior Division), Varanasi, within a stipulated period of time.
It is submitted by learned counsel for petitioners that injunction suit filed by petitioners is pending since 1982. It is further submitted that statement of D.W.-1 Gayatri Devi was recorded on 7.2.2020 and thereafter the suit is pending for further evidence of defendants. It is further submitted that on account of delaying tactics adopted by defendants, the suit 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), Varanasi is directed to decide the Suit No.741 of 1982 (Moti Lal Vs. Balmukund 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 :- 11.4.2022 Kpy
Digitally signed by KAVLESHWAR PRASAD YADAV Date: 2022.04.12 17:28:37 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to direct the Civil Judge to dispose of a suit pending since 1982 expeditious within one year.
Moti Lal Vishwakarma
Mukund Lal
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
