Ramawati Vs Civil Judge, Junior Division, Sadar… — Writ and Judicial Review | Allahabad HC (2024)

Ramawati Vs Civil Judge, Junior Division, Sadar… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Direction to the Civil Judge (Junior Division), Sadar, Faizabad/Ayodhya to proceed with Suit No.318 of 2013 expeditiously without granting unnecessary adjournments to any party; petitioner's counsel directed to strike out the Civil Judge's name as opposite party no.1.

Issue for consideration

Whether a direction should issue to the Civil Judge (Junior Division), Sadar, Faizabad/Ayodhya for expeditious disposal of Suit No.318 of 2013. +1 more

Court's answer

The petition is disposed of with a direction to the Civil Judge (Junior Division), Sadar, Faizabad/Ayodhya to proceed with the suit expeditiously, without granting any unnecessary adjournment to any of the parties.

Ratio / Principle

As per the law laid down by the Hon'ble Supreme Court in Savitri Devi Vs. District Judge, Gorakhpur and Jogendrasinhji Vijaysinghji v. State of Gujrat, the Civil Court ought not to have been impleaded as an opposite party to the petition.

Key takeaways

The learned counsel for the petitioner is directed to strike out the name of the Civil Judge (Junior Division), Sadar, Faizabad/Ayodhya as opposite party no.1 from the array of opposite parties.ratio¶10

Detailed headnote1 paragraphs

Petition under Article 227 of the Constitution of India by Ramawati seeking a direction to the Civil Judge (Junior Division), Sadar, Faizabad/Ayodhya for expeditious disposal of Suit No.318 of 2013, a suit for permanent injunction filed on 22.04.2013 which had remained pending for over a decade without issues being framed. Relying on the Supreme Court's decisions in Savitri Devi Vs. District Judge, Gorakhpur, (1999) 2 SCC 577 and Jogendrasinhji Vijaysinghji v. State of Gujrat, (2015) 9 SCC 1, the Court held that the Civil Court ought not to have been impleaded as an opposite party, directed the petitioner's counsel to strike out the Civil Judge's name as opposite party no.1, and disposed of the petition with a direction to the trial court to proceed expeditiously without granting unnecessary adjournments.

Neutral Citation No. - 2024:AHC-LKO:61499

Court No. - 19

Case :- MATTERS UNDER ARTICLE 227 No. - 4282 of 2024

Petitioner :- Ramawati

Respondent :- Civil Judge, Junior Division, Sadar, Faizabad And Others

Counsel for Petitioner :- Richa Tiwari

Hon'ble Subhash Vidyarthi,J.

Heard Smt. Richa Tewari, the learned counsel for the petitioner and perused the records.

The petitioner has impleaded Civil Judge (Junior Division), Sadar, Faizabad/Ayodhya as opposite party no.1 in the petition whereas as per law laid down by Hon'ble Supreme Court in the case of Savitri Devi Vs. District Judge, Gorakhpur; (1999) 2 SCC 577 and in Jogendrasinhji Vijaysinghji v. State of Gujrat, (2015) 9 SCC 1 , the Civil Court ought not to have been impleaded as an opposite party to the petition.

Accordingly, the learned counsel for the petitioner is directed to strike out the name of Civil Judge (Junior Division), Sadar, Faizabad/Ayodhya as opposite party no.1 from the array of opposite party.

By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has sought issuance of a direction to the Civil Judge (Junior Division), Sadar, Faizabad/Ayodhya for expeditious disposal of Suit No.318 of 2013.

The aforesaid suit was filed by the petitioner for permanent injunction on 22.04.2013. Summons and notices were issued to the defendants and defendant no.1 has filed a written statement

on the suit on 23.05.2013. On 06.05.2013, the trial court recorded in its order that defendants no.3, 5 and 6 have been served with the summons of the suit. On 23.05.2013, the defendant no.1 has filed his written statement.

Although the suit is pending for more than a decade, even issues have not been framed till date.

In these circumstances, the petition is disposed of by giving a direction to the Civil Judge (Junior Division), Sadar, Faizabad/Ayodhya to proceed with expeditiously, without granting any unnecessary adjournment to any of the parties.

(Subhash Vidyarthi,J.)

Order Date :- 6.9.2024 KR

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