This Article 227 petition was filed to direct the Civil Judge at Kasiya to decide pending Suit No. 665 of 1997 within two years. The court issued an order directing expeditious disposal after opp.
Direction to decide pending Suit No. 665 of 1997 within two years; Rs. 500 cost per adjournment.
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Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 5802 of 2022
Petitioner :- Hakim Singh Respondent :- Abdul Sattar (Since Deceased) And 3 Others Counsel for Petitioner :- Rajesh Kumar Rao
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), Kasiya, Distt. Kushinagar to decide Suit No. 665 of 1997 (Abdul Sattar Vs. Hakim and others) 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 :- 1.8.2022 Rahul Dwivedi/-
Digitally signed by RAHUL DWIVEDI Date: 2022.08.01 14:36:27 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to direct the subordinate court to dispose of the pending suit within a stipulated time frame.
1 provisions across 1 enactments
Hakim Singh
Abdul Sattar
Ancient and Others
Hakim Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
