Matters under Article 226 of the Constitution. Petitioner sought direction for deciding a pending application without delay. Court directed lower court to decide the matter within six weeks.
Directed the court concerned to decide the application within six weeks from the date of the order.
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Neutral Citation No. - 2023:AHC:235171
Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 10803 of 2023
Petitioner :- Om Prakash And Another Respondent :- B.N. Public School And 3 Others Counsel for Petitioner :- Arvind Srivastava
Hon'ble Prakash Padia,J.
"1. After some arguments counsel for the petitioners confined his prayer only to the effect to direct the court below namely Additional District Judge/Judge, Small Causes Case, Court No.8, Deoria, to decide the application dated 19.03.2019, which was marked as Paper No.4/C filed under Order 9 Rule 13 read with Section 151 of the C.P.C.
2. It is argued by counsel for the petitioners that though the aforesaid suit was filed in the month of March, 2019 and various dates were fixed for final disposal but till date no decision has been taken in the aforesaid matter.
3. In this view of the matter and also in the interest of justice, Registrar (Compliance) is directed to communicate copy of this order to the court below namely Additional District Judge/Judge, Small Causes Case, Court No.8, Deoria or before whom matter is pending consideration through District Judge, Deoria within 24 hours.
4. The Additional District Judge/Judge, Small Causes Case, Court No.8, Deoria or before whom matter is pending consideration is directed to submit its report within two weeks.
5. Put up as fresh along-with report on 12.12.2023."
Order Date :- 12.12.2023 Swati
Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court can direct the lower court to decide a pending application without further delay?
Om Prakash And Another
B.N. Public School And 3 Others
Prakash Padia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
