In a petition under Article 227, the High Court directed the Civil Judge, Sultanpur, to decide suit No. 290 of 2021 expeditiously without undue adjournments, pending full appearance of defendants.
Direction to the Civil Judge, Court No. 15, Sultanpur to decide suit No. 290 of 2021 expeditiously without undue adjournment.
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Neutral Citation No. - 2023:AHC-LKO:46315
Court No. - 20
Case :- MATTERS UNDER ARTICLE 227 No. - 3500 of 2023
Petitioner :- Smt. Bhanmati Respondent :- Civil Judge (Junior Division) Court No 15 Sultanpur Counsel for Petitioner :- Usha Tripathi,Pooja Maurya
Hon'ble Manish Mathur,J.
Learned counsel for petitioner is granted liberty to amend the array of opposite parties during course of day.
Heard learned counsel for petitioner. Learned State Counsel has accepted notices on behalf of opposite parties 2 to 5.
Petition under Article 227 of Constitution of India has been filed seeking a direction to the court concerned for expeditious disposal of suit No. 290 of 2021 filed by petitioner for declaration.
It has been submitted that despite issuance of notice, neither the defendants have put in appearance nor is any service report on record but since only general dates are being allocated, expedite orders are required to be passed.
Considering submissions advanced by learned counsel for petitioner, it appears that suit proceedings are at the very inception and therefore no specific time frame can be directed at this stage. However the opposite party No. 1 i.e. Civil Judge (Junior Division), Court No.15, Sultanpur is directed to decide regular suit No. 290 of 2021 (Smt. Bhanmati versus Harigobind and others) expeditiously without granting any undue adjournment to either parties.
Benefit of this order shall be available to the petitioner only in case he cooperates with the proceedings.
With the aforesaid directions, the petition stands disposed of.
Order Date :- 17.7.2023 prabhat
Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the trial court needs a direction to expeditiously decide the suit filed by the petitioner.
1 provisions across 1 enactments
Smt. Bhanmati
Civil Judge (Junior Division) Court No 15 Sultanpur
Manish Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
