Dismissed

Mohd. Sartaj Husain v. Mohd. Mustafa Husain and Another

Allahabad HC12 Dec 2023A227/10577/2023

Case brief

AI extract

What is this about?

Under Article 227, the High Court dismissed a petition seeking direction to the lower court for expeditious disposal of a pending civil suit. Relying on a recent Supreme Court order, the Court held no extraordinary situation existed, though it directed the lower court to decide the case without unnecessary adjournments.

What did the court decide?

None. Petition dismissed. Court directed lower court to decide the pending suit expeditiously without unnecessary adjournments.

Mohd. Sartaj Husain Vs Mohd. Mustafa Husain… — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:234948

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Court No. - 4

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Case :- MATTERS UNDER ARTICLE 227 No. - 10577 of 2023

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Petitioner :- Mohd. Sartaj Husain Respondent :- Mohd. Mustafa Husain And Another Counsel for Petitioner :- Mirza Faheem Beg

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Hon'ble Prakash Padia,J.

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Heard learned counsel for the petitioner and learned Standing Counsel for the respondent no.1.

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The petitioners have preferred the present petition under Article 227 of the Constitution of India inter-alia with the prayer to direct the Court below to decide the suit No.268 of 2022 (Mohd. Mustafa Husain and another Vs. Mohd. Sartaj Husain) expeditiously.

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Very recently Hon'ble Apex Court in Special Leave Petition (Civil) No(s). 38375 of 2023 (Mohd. Faiyaz Khan vs. State of U.P. and others) passed an order on 27.09.2023 stating therein that unless the situation is extraordinary, the Court should not direct any Court to decide any pending case in a time-bound manner. The order dated 27.09.2023 is quoted hereinbelow :-

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"Heard the learned counsel appearing for the petitioner.

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Unless the situation is extraordinary, this Court should not direct any Constitutional Court or for that matter, any Court, to decide any pending case in a time-bound manner. It cannot be that those who afford to come this Court, get priority and others wait in the queue.

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No case for interference is made out in exercise of our jurisdiction under Article 136 of the Constitution of India. The Special Leave Petition is accordingly dismissed on ground of delay as well as on merits.

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It is for the petitioner to move the High Court for expeditious hearing of the case.

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Pending application(s) also stands disposed of."

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From perusal of the record in transpires that nothing has been stated in the entire

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petition that there is any extraordinary situation nor any arguments has been made in this regard by the learned counsel for the petitioners to direct the court below to decide the aforesaid case in a time bound manner except the fact that suit is pending since 2022.

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5 In this view of the matter, present petition is dismissed.

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However, court below is expected to decide the aforesaid case strictly in accordance with law without granting any unnecessary adjournment to either of the parties unless there is no legal impediment.

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Order Date :- 12.12.2023 saqlain

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Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad

Mohd. Sartaj Husain v. Mohd. Mustafa Husain and Another

Case brief

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Mohd. Sartaj Husain v. Mohd. Mustafa Husain and Another

Case brief

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