The High Court directed the Civil Judge/Judicial Magistrate of Dumariaganj to dispose of Original Suit No. 438 of 1994 within one year. Strict timelines are imposed with penalties for adjournments.
Direction to the trial court to decide Original Suit No. 438 of 1994 within one year and imposition of penal cost for adjournments.
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Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 666 of 2022
Petitioner :- Abdul Samad And Another Respondent :- Mohd Umar Counsel for Petitioner :- Ganesh Shanker Srivastava,Ashwini Kumar
Hon'ble Siddharth,J.
Heard learned counsel for the parties.
This petition has been filed praying for direction to the Civil Judge (Junior Division),/ Judicial Magistrate, Dumariaganj, Siddharth Nagar to decide the Original Suit No. 438 of 1994(Abdul Samad and another Vs. Mohd. Umar) within some stipulated period of time.
By the order dated 17.2.2022 the court below was directed to submit report as to why the issues have not been framed in this case. The court below has submitted its report stating that issue no.2 was decided. Issue no.5 was deleted and reframed and decided. In the year 2013 additional issue has been framed and not decided.Thereafter court remained closed due to corona.
The report is accepted.
The petition is disposed of with the direction to the Civil Judge (Junior Division),/ Judicial Magistrate, Dumariaganj, Siddharth Nagar to decide the Original Suit No. 438 of 1994(Abdul Samad and another Vs. Mohd. Umar) within a period of one year from the date a copy of this order, duly downloaded from the ofÏcial website of this court is produced by the petitioner before the trial court provided there is no legal impediment.
The court below will not grant any adjournment to the either side. In case of any adjournment, the same shall be granted to the either side at the minimum cost of Rs.2,000/-
Order Date :- 3.3.2022 Atul kr. sri.
Digitally signed by ATUL KUMAR SRIVASTAVA Date: 2022.03.03 17:11:40 IST Reason: Location: High Court of Judicature at Allahabad
Abdul Samad
Mohd Umar
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
