The Court disposed of a writ petition seeking direction for expeditious disposal of a pending civil case, ordering proceedings to conclude within eight months.
Direction to Sub-Divisional Magistrate, Tehsil Karchhana, to conclude proceedings of Case No. 161/385 of 2012-22 expeditiously within eight months.
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Court No. - 52
Case :- WRIT - C No. - 7302 of 2023
Petitioner :- Sudha Vishwavindu And Another Respondent :- State Of U.P. And 15 Others Counsel for Petitioner :- Ashok Kumar Singh Counsel for Respondent :- C.S.C.,Azad Rai
Hon'ble Kshitij Shailendra,J.
Heard Sri Ashok Kumar Singh, learned counsel for the petitioners, learned Standing Counsel representing the State-respondents and Sri Azad Rai, learned counsel for the resondent-gaon sabha.
This petition has been filed seeking expeditious disposal of Case No. 161/385 of 2012-22 (Sudha Vishwavindu and another Vs. Girdhar Gopal and others) within a stipulated period.
Learned counsel for the petitioner submits that pendency of the aforesaid case is causing serious prejudice to the rights of the petitioner and therefore this Court should issue a direction for expeditious disposal of the case.
Learned Standing Counsel has no serious objection to the prayer made by the learned counsel for the petitioner.
In view of the above, having heard the learned counsel for the parties and having perused the record, this petition is disposed of with a direction to the Sub-Divisional Magistrate, Tehsil Karchhana, District Prayagraj (respondent no.2) to conclude the proceedings of the aforesaid case expeditiously, preferably, within a period of eight months from the date a certified copy of this order is produced before him, after giving full opportunity of hearing to the parties concerned.
In case the lawyers do not cooperate with the proceedings either on account of abstainment from work or otherwise, the court concerned shall permit personal appearance of the parties to address it on the merits of the aforesaid case. However, the authority/court concerned shall take special care of the fact that the property rights of the parties may not be adversely affected only on account of non-cooperation of the lawyers and the aforesaid matter shall be disposed of strictly in accordance with law, taking care of the statutory provisions and after making critical analysis of the material available on record.
Order Date :- 23.3.2023 AKShukla/-
Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad
1 issue framed by the court
Whether a direction should be issued for expeditious disposal of a pending civil case within a stipulated period.
Sudha Vishwavindu And Another
State Of U.P. And 15 Others
Kshitij Shailendra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
