In a matter under Article 227, the High Court directed the trial court to expedite a suit filed in 2004, ordering recording of defendant's evidence within three months and final disposal in ten months after.
Directed trial court to record defendant's evidence within 3 months and decide within 10 months thereafter.
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Court No. - 37
Case :- MATTERS UNDER ARTICLE 227 No. - 830 of 2023 Petitioner :- Mohammad Anis Khan Respondent :- Shri Devi Prasad Pandey And 7 Others Counsel for Petitioner :- Rafiuddin Ansari
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner and perused the record.
By means of this petition filed under Article 227 of the Constitution, the petitioner, who is plaintiff in the suit being Original Suit No.- 278 of 2004 (Renumbered as Suit No.- 3691 of 2017) for permanent prohibitory injunction, pending before the court of Civil Judge (Junior Division) Gorakhpur, is seeking expeditious disposal of the said suit.
Learned counsel for the petitioner submits that the defendants have appeared in the suit and issues have also been framed on 4th November, 2008 but later on the suit has been renumbered as Suit No.- 3691 of 2017 and thereafter additional issues Nos. 14, 15 and 16 have been framed on 10th August, 2017. It is next submitted that the suit is at the stage of defendants' evidence.
In view of above and considering the fact that the case is of the year 2004, this Court thinks it proper to direct for its expeditious disposal. Accordingly, following directions are issued:
(a). The trial court will proceed to record the evidence of the defendants within a period of three months from the date of production of certified copy of this order and will ensure that plaintiff cooperates in conclusion of the evidence of the defendants within the time prescribed by this Court; and
(b). After conclusion and closure of evidence by the defendants in the suit, the trial court will proceed to conduct the final hearing of the case and decide the same within a further period of 10 months, however in the order of other expedited suits, if pending before it.
It is clarified that in the event, this order could not be carried out within the time frame fixed, for any technical reason, then for such delay in disposal of the case and pendency thereof itself shall ordinarily not be a ground sufficient enough to fasten the authority concerned with any personal liability of contempt.
Order Date :- 27.1.2023 Atmesh
Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad
1 issue framed by the court
Whether to issue directions for the expeditious disposal of a suit pending under Article 227 jurisdiction.
Mohammad Anis Khan
Shri Devi Prasad Pandey
7 Others
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
