Maahey Laka Vs Sri Jamal Ahmad Khan and Another — Writ and Judicial Review | Allahabad HC (2024)

Maahey Laka Vs Sri Jamal Ahmad Khan and Another — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Prayer for a judicial-side direction rejected; instead, liberty granted to the petitioner to move an urgency application before the trial court within two weeks, which the trial court must consider and decide expeditiously (within three weeks thereafter) and, if prima facie satisfied that urgency exists, pass suitable orders and proceed with the suit accordingly.

Issue for consideration

Whether the trial court (Ist Additional Civil Judge (Junior Division), Faizabad) should be directed to consider and decide Regular Suit No. 39 of 2018 in a time bound manner so as to meet the petitioner's grievance of expeditious disposal.

Court's answer

Since the Court has already issued administrative-side directions to the courts below to obtain zero pendency of cases more than five years old, it was not inclined to pass any further order on the judicial side, and the petitioner's prayer was rejected.

Ratio / Principle

Liberty was given to the petitioner to move an appropriate application detailing urgency for expeditious disposal of the suit before the trial court.

Key takeaways

If such urgency application is moved within two weeks, the trial court shall consider and decide the same expeditiously, say, within three weeks thereafter.ratio¶11
If the trial court is prima facie satisfied that a case for urgency is made out, it shall pass suitable orders thereon and proceed with the suit proceedings accordingly.ratio¶11

Detailed headnote1 paragraphs

Article 227 petition (Matters Under Article 227 No. 3195 of 2024, Allahabad High Court, Lucknow Bench, Alok Mathur, J., order dated 12.7.2024) sought expeditious disposal of Regular Suit No. 39 of 2018 (Mahey Laka Vs. Jamal Ahnad Khan and Others) for cancellation of sale deed, pending before the Ist Additional Civil Judge (Junior Division), Faizabad. The Court declined to pass any further judicial order, noting its existing administrative-side directions to courts below to obtain zero pendency of cases more than five years old, and rejected the prayer. However, liberty was given to the petitioner to move an application detailing urgency before the trial court within two weeks; the trial court was directed to consider and decide such application expeditiously, say within three weeks thereafter, and if prima facie satisfied that a case for urgency is made out, to pass suitable orders and proceed with the suit accordingly. Petition disposed of.

Neutral Citation No. - 2024:AHC-LKO:47523

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 3195 of 2024

Petitioner :- Maahey Laka Respondent :- Sri Jamal Ahmad Khan And Another Counsel for Petitioner :- Mohd. Vakar Khan

Hon'ble Alok Mathur,J.

Heard learned counsel for the petitioner.

In view of the proposed order notice to private respondents is dispensed with.

By means of the present petition under Article 227 of the Constitution of India a prayer has been made for expeditious disposal of Regular Suit No. 39 of 2018 (Mahey Laka Vs. Jamal Ahnad Khan and Others) for cancellation of sale deed, pending before the Ist Additional Civil Judge (Junior Division), Faizabad.

Learned counsel for the petitioner submits that grievance of the petitioner would be sufficiently met in case the Ist Additional Civil Judge (Junior Division), Faizabad, considers and decides the aforesaid case in the time bound manner.

In this regard, it is noteworthy, that this Court on administrative side has already issued directions to the Courts below to obtain zero pendency of cases which are more than five years old. In view of directions already issued on administrative side, this Court is not inclined to pass any further order on judicial side. Hence, the prayer is rejected.

However, liberty is given to the petitioner to move appropriate application detailing urgency for expeditiously disposal of the suit before the trial Court. In case, such application is moved within two weeks from today the trial Court shall consider and decide the same expeditiously, say, within three weeks thereafter. In case, the trial Court is prima facie satisfied that a case for urgency is made out it shall pass suitable orders thereon and proceed with the suit proceedings accordingly.

With aforesaid observation and direction the petition stands disposed of .

Order Date :- 12.7.2024 A. Verma

(Alok Mathur, J.)

Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench