In this writ petition under Article 227, the High Court directed the learned Civil Judge, S.C.C. Hathras, to dispose of a suit pending since 2017 within one year, without granting unnecessary adjournments.
Direction to the learned Civil Judge to decide the suit within one year without unnecessary adjournments.
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Court No. - 2
Case :- MATTERS UNDER ARTICLE 227 No. - 2462 of 2023
Petitioner :- Smt.Rashmi Kedia Respondent :- Kray Vikray Sahkari Sammiti Limited Counsel for Petitioner :- Dinesh Kumar
Hon'ble Subhash Vidyarthi,J.
Heard Mr. Dinesh Kumar, learned counsel for the petitioner and perused the records.
Keeping in view the nature of relief sought in this petition, issuance of notice to the respondent is dispensed herewith.
The petitioner has approached this court seeking a direction to the learned Civil Judge (S.D.) S.C.C. Hathras for expeditious disposal of SCC Suit No.23 of 2017; Rashmi Kedia Vs. Kray Vikray Sahkari Samiti.
A copy of the order sheet of the suit has been annexed with the petition which indicates that the suit is pending since 14.07.2017 and on several dates no proceedings could take place and the proceedings are being simply adjourned. The written statement has been filed on 02.11.2020 and the suit is at the stage of plaintiff evidence.
In view of the aforesaid, the instant petition is allowed with a direction to the learned Civil Judge (S.D.) S.C.C. Hathras to consider and decide the SCC Suit No.23 of 2017; Rashmi Kedia Vs. Kray Vikray Sahkari Samiti expeditiously without granting any unnecessary adjournment to any of the parties, in accordance with law, say, within a period of one year from the date a certified copy of this order is placed before the Court concerned.
(Subhash Vidyarthi, J.)
Order Date :- 13.3.2023 Ram.
Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether to issue an order directing the civil court to expeditiously dispose of a suit pending for years.
Smt. Rashmi Kedia
Kray Vikray Sahkari Sammiti Limited
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
