Rukmani Devi Vs Yadunandan and 3 Others — Writ and Judicial Review | Allahabad HC (2024)

Rukmani Devi Vs Yadunandan and 3 Others — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Petition finally disposed of with directions to the learned Civil Judge (Junior Division), Lakhimpur, Kheri to decide Civil Suit No.1125 of 2022 preferably within one year, with ancillary directions that all parties cooperate, no unnecessary adjournments be granted, costs of not below Rs.5,000/- per adjournment be imposed for dilatory tactics, counsel absent due to advocates' strike be barred from future appearance, and the trial proceed day to day if required.

Issue for consideration

Whether the High Court should direct the learned Civil Judge (Junior Division), Lakhimpur, Kheri to decide Civil Suit No.1125 of 2022 (Rukmani Devi v. Yadunandan and others) within a stipulated period of time, on the ground that the petitioner is a 74-year-old illiterate handicapped woman with 50% permanent disability and no source of income.

Court's answer

The learned trial court/Civil Judge (Junior Division), Lakhimpur, Kheri is directed to decide Civil Suit No.1125 of 2022 (Rukmani Devi v. Yadunandan and others), preferably within a period of one year from the date of receipt of a certified copy of the order.

Ratio / Principle

All parties are directed to cooperate in the trial proceedings.

Key takeaways

The learned Civil Judge (Junior Division), Lakhimpur, Kheri shall not grant any unnecessary adjournment to the parties.ratio¶12
If any party adopts dilatory tactics or creates impediment in compliance of the order, the trial court shall impose costs not below Rs.5,000/- for each adjournment against such party, record a finding to that effect and proceed in accordance with law.ratio¶13
If counsel for any party does not appear before the trial court on any date on the ground of strike of advocates, the trial court shall not permit such counsel (of either party) to appear in the case on future dates.ratio

Detailed headnote1 paragraphs

Matters under Article 227 - direction for time-bound disposal of suit - petitioner, a 74-year-old illiterate handicapped lady suffering from 50% permanent disability with no source of income, sought disposal of Civil Suit No.1125 of 2022 (Rukmani Devi v. Yadunandan and others) pending before the Civil Judge (Junior Division), Lakhimpur, Kheri within a stipulated period. Held: trial court directed to decide the suit preferably within one year from receipt of a certified copy of the order; all parties to cooperate; no unnecessary adjournments; costs of not below Rs.5,000/- per adjournment against a party adopting dilatory tactics, with a recorded finding and further action in accordance with law; counsel absent on the ground of advocates' strike not to be permitted to appear on future dates; day-to-day trial if required to adhere to the one-year period. Petition finally disposed of.

Neutral Citation No. - 2024:AHC-LKO:56506

Court No. - 20

Case :- MATTERS UNDER ARTICLE 227 No. - 3857 of 2024

Petitioner :- Rukmani Devi Respondent :- Yadunandan And 3 Others Counsel for Petitioner :- Girish Chandra Verma Counsel for Respondent :- C.S.C.

Hon'ble Ajay Bhanot,J.

The only prayer made by the learned counsel for the petitioner is to decide the proceedings of the Civil Suit No.1125 of 2022 (Rukmani Devi v. Yadunandan and others) pending before the learned Civil Judge (Junior Division), Lakhimpur, Kheri within a stipulated period of time.

Shri Girish Chandra Verma, learned counsel for the petitioner contends that the applicant is a handicapped lady who is suffering from 50% permanent disability. It is also claimed that she is 74 years old and is illiterate. She does not have any source of income and is on the verge of starvation.

In the wake of these facts, the following directions are issued to the learned Civil Judge (Junior Division), Lakhimpur, Kheri before whom the Civil Suit No.1125 of 2022 (Rukmani Devi v. Yadunandan and others), is pending:

(I) The learned trial court/learned Civil Judge (Junior Division), Lakhimpur, Kheri is directed to decide the Civil Suit No.1125 of 2022 (Rukmani Devi v.

Yadunandan and others), preferably, within a period of one year from the date of receipt of a certified copy of this order.

(II) All parties are directed to cooperate in the trial proceedings.

(III) The learned Civil Judge (Junior Division), Lakhimpur, Kheri shall not grant any unnecessary adjournment to the parties.

(IV) In case any party adopts dilatory tactics or creates impediment in compliance of this order, the learned trial court/learned Civil Judge (Junior Division), Lakhimpur, Kheri shall impose costs not below Rs.5,000/- for each adjournment against such party. Thereafter, the learned trial court shall record a finding to this effect and proceed in accordance with law.

(V) In case the counsel for any party does not appear before the learned trial court/learned Civil Judge (Junior Division), Lakhimpur, Kheri on any date on the ground of strike of advocates, the trial court shall not permit such counsel (of either party) to appear in this case on future dates.

(VI) The learned trial court/learned Civil Judge (Junior Division), Lakhimpur, Kheri shall proceed with the trial on a day to day basis, if required, to ensure that the above stipulated time period of one year to decide the suit is adhered to.

With the aforesaid directions, the petition is finally disposed of.

Order Date :- 20.8.2024 Ashish Tripathi

Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench