High Court of Judicature at Allahabad, in a writ petition under Article 227, refused to direct the trial court to decide a delayed suit, finding the petitioner unprompt and eager for disposal.
No direction for expeditious disposal of Original Suit No.272 of 2013 was granted.
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Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 956 of 2022
Petitioner :- Mukta Singh Respondent :- Harendra Singh And 2 Others Counsel for Petitioner :- Rishu Srivastav
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the petitioner.
The present petition has been filed by the petitioner praying for a direction directing the Civil Judge(Senior Division), Mau, District Mau to decide Original Suit No.272 of 2013. (Harendra Singh versus Pramod Mishra and others).
Through order dated 25.2.2022, the trial court was directed to submit a report regarding cause for the delay in disposal of Original Suit No.272 of 2013.
A report was submitted by the trial court on 28.2.2022 giving the details of the proceedings in Original Suit No.272 of 2013. It was stated in the report that next date fixed in the case was 9.3.2022. Through order dated 7.3.2022, this Court again directed the trial court i.e., Civil Judge(Senior Division), Mau to submit a report about the proceedings taken on 9.3.2022. The trial court has submitted its report dated 9.3.2022 informing that on 9.3.2022 the case was thrice called out i.e., at 10.30 A.M, 11.30 A.M and 4.00 P.M but no one appeared from either side when the case was called out.
The report dated 9.3.2022 submitted by the trial court shows that the petitioner himself is not prompt and eager for expeditious disposal of the case.
In the circumstances, no direction as prayed by the petitioner can be issued to the trial court.
The petition is dismissed.
Order Date :- 11.3.2022 IB
Digitally signed by ITU BANERJEE Date: 2022.03.11 15:42:51 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether a direction can be issued to the trial court for expeditious disposal of a suit pending due to the petitioner's absence.
1 provisions across 1 enactments
Mukta Singh
Harendra Singh
Salil Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
