Disposed

Smt.Kusum Chaturvedi and Another v. Mohd. Haneef and 4 Others

Allahabad HC19 Jan 2022A227/7818/2021

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AI extract

What is this about?

This Court disposed of a petition under Article 227 directing the Civil Judge, Mathura to try SCC Suit No. 866 of 2020 as urgent judicial work within six months, transmit orders via video-conferencing, and refrain from adjournments based on Bar Association resolutions.

What did the court decide?

S.C.C. Suit No. 866 of 2020 to be tried as urgent judicial work within six months; trial to be conducted via video-conferencing on at least two dates per week; notice to respondent dispensed with.

Smt.Kusum Chaturvedi and Another Vs Mohd… — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 70

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Case :- MATTERS UNDER ARTICLE 227 No. - 7818 of 2021

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Petitioner :- Smt.Kusum Chaturvedi And Another Respondent :- Mohd. Haneef And 4 Others Counsel for Petitioner :- Suresh Chandra Pandey

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Hon'ble J.J. Munir,J.

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Court is convened via Video-conferencing.

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Heard Mr. Saurabh Pandey, Advocate holding brief of Mr. Suresh Chandra Pandey, learned counsel for the petitioner

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In compliance with this Court's order dated 10.01.2022, the learned District Judge, Mathura has submitted a report dated 16.01.2022, which is fairly satisfactory and re-assuring. The relevant part of the report reads:

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"As to ways and means vis.a.vis hearing of civil matters in Mathura Judgeship during the current upsurge of covid-19 cases is concerned, it is most humbly submitted that the presidingofficer following strictly the guidelines of Hon'ble High Court communicated vide letter no. 2423/LXXXVII-CPC/e-Courts/Allahabad dated January 9, 2022 and letter no. 2427/LXXXVII-CPC/e-Court/Allahabad dated 16.01.2022 are carrying out physical hearing of the admission/Institution(New/Pending) matters, injunction matters (Fresh/Pending) and others urgent civil matters wherever requested facility of virtual hearing is also being provided.

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It is further most respectfully submitted that in light of aforementioned guidelines, the hearing of the above-concerned SCC Case No. 864/20 will be taken-up as 'urgent judicial work' as mentioned in clause 2(1) of the guidelines dated 09.01.2022.

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It is most humbly submitted that in compliance of the order of Hon'ble Court, the concerned case has been transferred to the Court of Civil Judge (Senior Division) presided over by Mr. Neeraj Gond, a zealous and enthusiastic officer, to go ahead with the trial of the case, within the constraints of Covid-19 pandemic."

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Looking to the nature of the order that this Court proposes to pass, issue of notice to the private respondent is dispensed with. However, in case the said respondent feels aggrieved, it will be open to him to make an application in the decided petition.

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Considering the circumstances, it is expedient that S.C.C. Suit No. 866 of 2020 be dealt with as 'urgent judicial work' in accordance with Clause 2(1) of the guidelines dated 09.01.2022 issued by this Court on the administrative side. The trial of the

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suit shall be taken up by the Civil Judge (Senior Division)/F.T.C., Mathura to whom the suit has now been transferred through Video-conferencing, or such other means as may be considered expedient by the Presiding Officer and the learned District Judge but with the condition that the case shall be heard effectively at least on two dates of every week. It is also ordered that the learned counsel appearing in the case shall not seek adjournment on account of any resolution passed by the concerned Bar Association directing its members to abstain from judicial work. Learned counsel appearing in the cause shall assist the Court punctiliously. It is further ordered that the Trial Court shall decide the suit within a period of six months of the date of communication of this order in the manner hereinabove directed, after hearing all parties concerned and in accordance with law.

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It is made clear that nothing said in this order shall be construed as an expression of opinion on the merits of parties' case, which the Trial Court is free to decide on its own merits.

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This petition stands disposed of in terms of the aforesaid orders.

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Let this order be communicated to Mr. Neeraj Gond, Civil Judge (Senior Division)/F.T.C., Mathura through the learned District Judge, Mathura and the learned District Judge, Mathura by the Registrar (Compliance) within 24 hours.

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Order Date :- 19.1.2022 Deepak

Smt.Kusum Chaturvedi and Another v. Mohd. Haneef and 4 Others

Case brief

What is this about?

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Smt.Kusum Chaturvedi and Another v. Mohd. Haneef and 4 Others

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