This writ petition under Article 227 sought a direction for expeditious disposal of a pending original suit. The court directed the Civil Judge to decide the suit within two years, prohibiting unnecessary adjournments.
Directed the Civil Judge to decide the pending suit within two years and prohibit unnecessary adjournments.
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Court No. - 1
Case :- MATTERS UNDER ARTICLE 227 No. - 7030 of 2022
Petitioner :- Shri Sewa Singh And 4 Others Respondent :- Rajjo Devi And 3 Others Counsel for Petitioner :- Ajay Kumar Srivastava
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 (Senior Division), Pilibhit to decide Original Suit No. 236 of 2013 (Smt. Rajjo Devi and others Vs. Sewa Singh 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 unnecessary adjournment is sought on behalf of the parties, same shall be granted after imposing cost of Rs. 500/- per adjournment upon the party concerned with direction to deposit the same by the next date fixed.
Order Date :- 2.9.2022 Rahul Dwivedi/-
Digitally signed by RAHUL DWIVEDI Date: 2022.09.02 12:17:30 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the impugned order should direct the subordinate court to decide the pending suit within a stipulated period.
Sewa Singh And 4 Others
Rajjo Devi And 3 Others
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
