Under Article 227, the Court directed the Civil Judge (Jr. Division), Muzaffarnagar, to decide Suit No. 50 of 2021 within two years, prohibiting unnecessary adjournments and imposing a cost of Rs. 500 per adjournment, without expressing an opinion on the suit's merits.
Direction to decide the suit within 2 years; cost of Rs. 500 per unnecessary adjournment.
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Court No. - 1
Case :- MATTERS UNDER ARTICLE 227 No. - 3405 of 2022
Petitioner :- Muzaffar Ali Respondent :- Naushad Counsel for Petitioner :- Suresh Chandra Dwivedi,Akhileshwar Dwivedi
Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioner.
No notice be issued to the private respondents taking into consideration the nature of the order proposed to be passed.
The petitioner before this Court is seeking a direction to the Civil Judge (Junior Division), Muzaffarnagar to decide Suit No. 50 of 2021 ( Muzaffar Ali Vs. Naushad) within stipulated period of time.
It is argued by the learned counsel for the petitioner that since the matter is pending consideration, the petitioner is suffering irreparable loss.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the concerned court below to consider and decide the aforesaid case in accordance with law expeditiously and preferably within a period of two years from the date of receipt of certified copy of this order, but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties, if there is no legal impediment.
It is made clear that no unnecessary adjournments shall be granted to either of the parties and in case any adjournment is sought on behalf of the parties, same shall be granted after imposing cost of Rs. 500/- per adjournment upon the party concerned.
Order Date :- 29.8.2022 Rahul Dwivedi/-
Digitally signed by RAHUL DWIVEDI Date: 2022.08.29 14:24:34 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether a direction to the subordinate court to decide a pending suit within a stipulated period under Article 227 can be issued without expressing an opinion on the merits.
Whether the imposition of costs for unnecessary adjournments in the suit is permissible under Article 227.
1 provisions across 1 enactments
Muzaffar Ali
Naushad
Piyush Agrawal
Rahul Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
