Under Article 227 the Allahabad High Court directed the Civil Judge (SD), Gorakhpur to decide a pending application under Order 39 CPC within six weeks, ensuring parties are given an opportunity and no unnecessary adjournments are granted.
Direction to the Civil Judge (SD), Gorakhpur to decide the pending application expeditiously within six weeks.
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Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 6016 of 2022
Petitioner :- Rajesh Kumar Respondent :- Umesh Kumar And 2 Others Counsel for Petitioner :- R S Dubey,Savita Dubey
Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioner.
In view of the order proposed to be passed, notices need not go to the private respondents.
The petitioner before this Court is seeking a direction to the Civil Judge (SD), Gorakhpur to decide application (paper no. 7C) under Order 39, Rules 1 & 2 CPC filed in Original Suit No. 83/2022 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 six weeks 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.
Order Date :- 11.8.2022 Amit Mishra
Digitally signed by AMIT KUMAR MISHRA Date: 2022.08.11 11:43:50 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the Civil Judge (SD), Gorakhpur is directioned to decide the pending application under Order 39 CPC within a stipulated period in the interest of justice?
Whether the petitioner is liable for irreparable loss due to the pending consideration of the matter?
Whether the notices need to be issued to private respondents in this special leave petition?
2 provisions across 2 enactments
Rajesh Kumar
Umesh Kumar
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
