Mohar Singh v. Gaon Sabha
Case brief
What is this about?
The High Court exercised its supervisory jurisdiction under Article 227 of the Constitution to direct the Civil Judge, Atrauli, to decide a pending suit expeditiously within one year, addressing the delay caused by the respondents.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 9
Case :- MATTERS UNDER ARTICLE 227 No. - 6304 of 2022 Petitioner :- Mohar Singh Respondent :- Gaon Sabha Counsel for Petitioner :- Vinod Kumar Tripathi,Udisha Tripathi
Counsel for Respondent :- Krishna Kant Singh
Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the petitioner and perused the record.
Present petition under Article 227 of the Constitution of India has been filed by the petitioner with the prayer to direct the Civil Judge (Senior Division), Atrauli, Aligarh to decide the Original Suit No. 49 of 2011 (Fatah Singh vs. State of U.P. & Another) within stipulated period of time.
It is submitted by the learned counsel for petitioner that the plaintiff had filed a suit for permanent injunction in the year 2011 in which the defendants-respondents had put their appearance but had not filed their written statement till date. It is further submitted that on account of delaying tactics adopted by the defendants-respondents, the aforesaid suit could not be decided till date and is pending for disposal since 2011.
Considering the submissions of learned counsel for the petitioner and without going into merit of the case, the Civil Judge (Senior Division), Atrauli, Aligarh is directed to decide the Original Suit No. 49 of 2011 (Fatah Singh vs. State of U.P. & Another) expeditiously and if possible within a period of one year from the date of production of certified copy of this order without granting any unnecessary adjournment to either of the parties, unless there is any legal impediment.
Issues for consideration
1 issue framed by the court
Whether High Court under Article 227 should direct the Civil Judge to decide a suit pending since 2011 due to delaying tactics.
Parties & counsel
- petitioner
Mohar Singh
- respondent
Gaon Sabha
Coram
Vipin Chandra Dixit
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- A227/6304/2022
Similar cases
Judgements on the same questions, provisions and authorities, from every court