Kalawati and Another Vs Civil Judge (Senior Division), Room No. 15 Sultanpur and Another — Allahabad HC (2024) — LawSathi Research

Kalawati and Another Vs Civil Judge (Senior Division), Room No. 15 Sultanpur and Another — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Main prayer for a time-bound direction to decide Original Suit No. 1078 of 2020 declined at this stage; petition disposed of with liberty to the petitioner to move an appropriate application before the court concerned for expediting the proceedings, which the court concerned shall decide within reasonable time in accordance with law.

Issue for consideration

Whether the High Court should direct opposite party No. 1, the Civil Judge (Senior Division), Sultanpur, to expeditiously decide Original Suit No. 1078 of 2020 within a time stipulated by the Court.

Court's answer

A petition seeking a direction for expeditious disposal of a pending suit, at an early stage of the proceedings, is not liable to be entertained.

Ratio / Principle

Having considered the petitioner's case in the light of the parameters laid down in Km. Shobha Bose and Ali Shad Usmani, no direction, at this stage, can be issued to the court concerned to decide the suit within a certain time frame.

Key takeaways

The petition is disposed of with liberty to the petitioner to move an appropriate application for expediting the proceedings of the pending case; if such an application is moved, the court concerned shall pass appropriate orders on it within reasonable time in accordance with law, and the Court has not examined the case of either party on merits.ratio¶11

Detailed headnote1 paragraphs

Article 227 — Direction for expeditious disposal of suit — Petition under Article 227 seeking a direction to the Civil Judge (Senior Division), Sultanpur to decide Original Suit No. 1078 of 2020 (Siyaraji v. Amar Nath and another), filed in 2020, within a time stipulated by the Court — Held, a petition for such a direction at an early stage of proceedings is not liable to be entertained; applying the parameters laid down in Km. Shobha Bose v. Judge Small Causes, 2011 (88) ALR 850 and Ali Shad Usmani v. Ali Isteba, 2015 (109) ALR 513, no direction, at this stage, can be issued to the court concerned to decide the suit within a certain time frame — Petition disposed of with liberty to the petitioner to move an appropriate application for expediting the proceedings before the court concerned, which shall pass appropriate orders within reasonable time in accordance with law — Court has not examined the case of either party on merits.

Neutral Citation No. - 2024:AHC-LKO:12081

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 636 of 2024 Petitioner :- Kalawati And Another Respondent :- Civil Judge (Senior Division), Room No. 15 Sultanpur And Another Counsel for Petitioner :- Satish Kumar

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the petitioner.

In view of order proposed to be passed, issuance of notice to the privaterespondents is hereby dispensed with.

By means of this petition, the petitioner has sought the following main relief:-

"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the opposite party No.1 i.e. Civil Judge (Senior Division) Room No.15 Sultanpur to expeditiously decide the Original Suit No.1078 of 2020 (Siyaraji Versus Amar Nath and another) pending before opposite party No.1, according to law within time stipulated by this Hon'ble Court."

The present petition has been filed for expeditious disposal of pending Original Suit No.1078 of 2020 (Siyaraji Versus Amar Nath and another), which was filed in the year 2020, as such, the petitioner has approached this Court seeking a direction to decide the suit, in issue, at an early stage of proceedings. As such, the present petition for the main relief sought, at this stage, is not liable to be entertained. In this regard, reference can be made to the judgments passed by the Division Bench of this Court in the cases of Km. Shobha Bose v. Judge Small Causes & Ors., 2011 (88) ALR 850 and Ali Shad Usmani & Ors. v. Ali Isteba & Ors. 2015 (109) ALR 513 .

After considering the case of the petitioner in the light of the parameters laid down by this Court in the cases of Km. Shobha Bose (Supra) and Ali Shad Usmani (supra), this Court is of the view that no direction, at this stage, can be issued to the court concerned to decide the above mentioned suit within the certain time frame.

In view of above, the relief, as prayed for in this petition, cannot be granted at this stage. As such, the present petition is disposed of with liberty to the petitioner to move an appropriate application for expediting the proceedings of the pending case before the court concerned and in case, such an application is moved, then the court concerned shall pass appropriate orders on the same within reasonable time in accordance with law.

It is made clear that the Court has not examined the case of either party on merits and the Authority/Court concerned shall be free to decide the matter strictly in accordance with law.

With the aforesaid, the petition is disposed of .

Order Date :- 9.2.2024/Jyoti/-

Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench