Disposed

Smt. Pushplata Singh @ Gudia v. the Court of Civil Judge Senior Division Curt. No. 44 Lko. and 3 Others

Allahabad HC17 May 2024/454/2024

Case brief

AI extract

What is this about?

In this writ petition under Article 227 of the Constitution of India, the petitioner sought expedited disposal of a pending civil suit. The High Court noted existing administrative directions for zero pendency and rejected the need for a further judicial order, granting liberty to file an urgent application with the trial court.

What did the court decide?

Prayer for expeditious disposal rejected; liberty granted to move urgent application to trial court.

Smt. Pushplata Singh @ Gudia Vs the Court… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:38071

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 454 of 2024

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Petitioner :- Smt. Pushplata Singh @ Gudia

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Respondent :- The Court Of Civil Judge Senior Division Curt. No. 44 Lko. And 3 Others

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Counsel for Petitioner :- Durgesh Kumar Singh,Gaurav Tiwari

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Hon'ble Alok Mathur,J.

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Heard learned counsel for the petitioner.

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

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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. 1051 of 2011 (Smt. Pushp Lata Singh @ Gudia and another Vs. Rajesh Singh and others) for permanent injunction pending before Civil Judge (Sr. Div.) Court No. 44, Lucknow.

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Learned counsel for the petitioner submits that grievance of the petition would be sufficiently met in case Civil Judge (Sr. Div.) Court No. 44, Lucknow, considers and decides the aforesaid case in the time bound manner.

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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.

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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 order thereon.

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With aforesaid observation and direction the petition stands disposed of.

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(Alok Mathur, J.)

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Order Date :- 17.5.2024 Ravi/

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Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench

Smt. Pushplata Singh @ Gudia v. the Court of Civil Judge Senior Division Curt. No. 44 Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Pushplata Singh @ Gudia v. the Court of Civil Judge Senior Division Curt. No. 44 Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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