Disposed

Anand Pandey v. Civil Judge (Sr. Div.) Malihabad, Lko. and 2 Others

Allahabad HC23 Jan 2024/331/2024

Case brief

AI extract

What is this about?

In matters under Article 227, this Court, upon accepting the petitioner's submissions regarding the delay in a pending suit before the Civil Judge Malihabad, directed the trial court to decide the suit expeditiously without granting unnecessary adjournments, explicitly stating it did not examine the case on merits.

What did the court decide?

Directed the trial court to consider and decide the suit expeditiously after affording full opportunity of hearing to parties without unnecessary adjournments.

Anand Pandey Vs Civil Judge (Sr. Div.)… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:6296

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 331 of 2024

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Petitioner :- Anand Pandey Respondent :- Civil Judge (Sr. Div.) Malihabad, Lko. And 2 Others Counsel for Petitioner :- Suresh Kumar Mishra,Praveen Kumar Srivastava

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Counsel for Respondent :- Namit Sharma

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioner and Shri Akhilesh Nand Pandey, learned counsel has accepted notice on behalf of the respondent no.3.

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In light of the order proposed to be passed by this Court, notice to the private-respondents No.2 is dispensed with.

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By means of the instant petition, the petitioner seeks expeditious disposal of a suit preferred by the private respondent no.2 before the Civil Judge (Senior Division), Malihabad, Lucknow registered as O.S. No.165 of 2017.

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The submission of the counsel for the petitioner is that the petitioner, who is the defendant had filed his written statement and even the issues were framed on 28.11.2018 and thereafter the matter is pending. However, no substantive proceeding has taken place and for one reason or other, the matter is being lingered.

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Having considered the aforesaid submissions and from the perusal of material on record, also noticing that the suit is pending before the Civil Judge (Senior Division), Malihabad bearing O.S. No.165 of 2017, this Court is of the opinion that no gainful purpose will be served in keeping the petition pending rather ends of justice can be met by directing the court concerned to consider and decide the aforesaid suit expeditiously as possible after affording full opportunity of hearing to the parties but without granting any unnecessary adjournment to either of the parties.

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It is made clear that the Court has not examined the case of either of the parties on merits and the court concerned shall decide the matter strictly in accordance with law.

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With the aforesaid, the petition is disposed of .

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Order Date :- 23.1.2024 / KR

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

Anand Pandey v. Civil Judge (Sr. Div.) Malihabad, Lko. and 2 Others

Case brief

What is this about?

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Anand Pandey v. Civil Judge (Sr. Div.) Malihabad, Lko. and 2 Others

Case brief

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