In this writ petition, the High Court directed the Additional Civil Judge, Kanpur Nagar, to decide a pending case expeditiously, preferably within one year, and imposed a cost of Rs. 500/- for each unnecessary adjournment.
Direction to decide Case No. 64A of 1996 within one year; Rs. 500/- per adjournment cost for unnecessary delays.
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Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 6108 of 2022
Petitioner :- Mahendra Nath Gupta Respondent :- Budhan Lal Counsel for Petitioner :- Gaurav Tripathi
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 Additional Civil Judge - III, (SD), Kanpur Nagar to decide Case No. 64A of 1996 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 one year 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.
In case any unnecessary adjournment is sought by either of the parties, the same shall be granted only after imposing cost of Rs. 500/- per adjournment upon the party concerned.
Order Date :- 5.8.2022 Amit Mishra
Digitally signed by AMIT KUMAR MISHRA Date: 2022.08.05 12:02:37 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the Additional Civil Judge should decide the pending case within a stipulated period of time.
Whether cost should be imposed for unnecessary adjournments sought by either party.
Mahendra Nath Gupta
Budhan Lal
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
