Writ petition seeking direction to expedite a pending suit before the Civil Judge. The High Court declined to issue directions directly, instead permitting the petitioner to approach the concerned court with grounds of urgency for consideration.
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Neutral Citation No. - 2024:AHC-LKO:12635
Court No. - 5 Case :- WRIT - A No. - 1035 of 2024 Petitioner :- Nikhil Bharatiya Teerth Vikas Samiti, Ayodhya And Another Respondent :- Civil Judge (Senior Division) (Ftc), Ayodhya And Others Counsel for Petitioner :- Shyam Mohan Pradhan,Akhilesh Kumar Kalra Counsel for Respondent :- C.S.C.
Hon'ble Abdul Moin,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the respondents no. 2 to 4.
No notice be issued to respondents no. 5 and 6 taking into consideration the nature of order proposed to be passed.
Learned counsel for the petitioner after arguing the matter at some length states that the case bearing MNR No. 38 of 2004 in re: U.P. State through Collector, Faizabad and others vs Alakh Deo Pandey and others is pending for consideration before learned Civil Judge (Senior Division), (FTC) Ayodhya and prays that the said suit be decided within reasonable time to which learned counsel for the respondents has no objection.
The Court is not inclined to issue directions in a matter such as the present merely because a party has moved this Court under Article 226 of the Constitution of India to direct the concerned Court to decide the pending suit overriding several cases which are equally pressing and are pending, by granting priority to a particular case. The fact that a particular case requires urgent disposal is to be considered by the concerned Court itself.
Accordingly, the petition is disposed of permitting the petitioner to move an application before the concerned Court pointing out the grounds of urgency. In the event, the petitioner does so, the concerned Court may consider whether the case should be expedited having regard to the urgency of the case.
Order Date :- 12.2.2024 J.K. Dinkar
Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench
Nikhil Bharatiya Teerth Vikas Samiti
Civil Judge (Senior Division) (Ftc), Ayodhya
Abdul Moin
As recorded by the court registry
2 orders share this CNR
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