Disposed

Arvind Singh v. Additional District Judge 15 Lko. / Judge Small Causes Court Lko. and Another

Allahabad HC2 Apr 2024/1634/2024

Case brief

AI extract

What is this about?

In a writ petition under Article 227, the Allahabad High Court directed the Additional District Judge, Lucknow, to conclude pending summary proceedings in a suit within eight months to address delays caused by unnecessary adjournments sought by the defendant.

What did the court decide?

Petitioner directed to conclude proceedings of suit No. 58 of 2019 within eight months without undue adjournments.

Arvind Singh Vs Additional District Judge… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:26999

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Court No. - 17

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Case :- MATTERS UNDER ARTICLE 227 No. - 1634 of 2024

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Petitioner :- Arvind Singh Respondent :- Additional District Judge 15 Lko. / Judge Small Causes Court Lko. And Another

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Counsel for Petitioner :- Sanjay Kumar Awasthi,Rahul Diwakar

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Hon'ble Manish Mathur,J.

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Heard learned counsel for petitioner. In view of order being passed, notices to opposite parties stand dispensed with.

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Petition under Article 227 of Constitution of India has been filed seeking a direction to court concerned for expeditious disposal of S.C.C. suit No.58 of 2019 filed by petitioner against opposite party No.2 for eviction, arrears of rent and damages for use and occupation.

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It has been submitted and exhibited from certified copies of the order sheet that defendant is not cooperating in early disposal of suit proceedings due to which opportunity for cross examination of P.W. 1 was closed on 25th March, 2022. On 10th July, 2023, the plaintiff/petitioner submitted that he had completed his evidence and thereafter an application for recall of order dated 25th March, 2022 was filed which was allowed vide order dated 30th November, 2023 whereafter again defendant is not cooperating in early conclusion of proceedings and that on a number of occasions, adjournment has been sought.

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Upon consideration of submissions advanced by learned counsel for petitioner and perusal of certified copy of the order sheet, it is evident that opportunity to cross examine D.W.1 was closed on 25th March, 2022 and the said was recalled only on 30th November, 2023, whereafter on a number of occasions, the defendant has sought adjournments which has been granted by the court concerned. The summary proceedings are pending consideration for the past five years. It appears from the record that defendant is not cooperative fully in early disposal of suit proceedings.

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In view of aforesaid, the opposite party No.1 i.e. Additional District Judge 15, Lucknow/Acting as Judge Small Causes Court, Lucknow is directed to conclude the proceedings of regular SCC suit No. 58 of 2019 expeditiously without granting undue adjournments to either parties preferably within a period of eight months from the date a certified copy of this order is

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brought on record of the proceedings, in case there is no other legal impediment.

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With the aforesaid directions, the writ petition stands disposed of.

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Order Date :- 2.4.2024 prabhat

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Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Arvind Singh v. Additional District Judge 15 Lko. / Judge Small Causes Court Lko. and Another

Case brief

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Arvind Singh v. Additional District Judge 15 Lko. / Judge Small Causes Court Lko. and Another

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