Ranno Devi Vs Krishna Dev and 7 Others — Writ and Judicial Review | Allahabad HC (2024)

Ranno Devi Vs Krishna Dev and 7 Others — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Petition disposed of with a direction to the petitioner to approach the court concerned (Civil Court, F.T.C. Court (Senior Division), Sultanpur) and press his application for injunction; the trial court to afford full opportunity of hearing without unnecessary adjournments, expeditiously dispose of the Order 39 Rule 1 and 2 CPC application, and endeavour to decide Suit No. 1491 of 1998 pending since 1998, with liberty to pass appropriate orders against any party misusing the liberty or seeking unnecessary adjournments.

Issue for consideration

Whether the petitioner's application under Order 39 Rule 1 and 2 CPC, filed on 25.07.2023 in Suit No. 1491 of 1998 pending before the Civil Court, F.T.C. Court (Senior Division), Sultanpur, should be directed to be disposed of expeditiously. +1 more

Court's answer

The petition is disposed of with a direction to the petitioner to approach the court concerned and press his application for injunction; the court concerned, after affording full opportunity of hearing to the parties but without granting any unnecessary adjournments, shall expeditiously dispose of the said application and also endeavour to decide the suit pending since 1998.

Ratio / Principle

If any party to the suit misuses the liberty or seeks unnecessary adjournment, the trial court shall be at liberty to pass appropriate orders.

Key takeaways

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.ratio¶15
Notice to the private-respondents No.1 to 8 is dispensed with, in light of the order proposed to be passed.ratio¶7

Detailed headnote1 paragraphs

Constitution of India, Article 227 — Petition seeking expeditious disposal of an application under Order 39 Rule 1 and 2 CPC filed on 25.07.2023 in Suit No. 1491 of 1998 pending before the Civil Court, F.T.C. Court (Senior Division), Sultanpur — By earlier order dated 11.01.2024 the High Court had called for a report through the District Judge on the pendency of the 1998 suit; the report placed on record showed evidence had commenced and that the injunction application was being taken up on priority — Held, disposing of the petition: the petitioner to approach the court concerned and press his injunction application; the trial court, after affording full opportunity of hearing and without granting unnecessary adjournments, to expeditiously dispose of the application and also endeavour to decide the suit pending since 1998; trial court at liberty to pass appropriate orders if any party misuses the liberty or seeks unnecessary adjournments; the High Court expressly did not examine the merits of either party's case, which the court concerned shall decide strictly in accordance with law. Notice to private-respondents No.1 to 8 dispensed with (Jaspreet Singh, J.; order dated 24.1.2024).

Neutral Citation No. - 2024:AHC-LKO:7010

Court No. - 8

Case :- MATTERS UNDER ARTICLE 227 No. - 73 of 2024

Petitioner :- Ranno Devi Respondent :- Krishna Dev And 7 Others Counsel for Petitioner :- Yogesh Kumar Mishra,Dharmendra Kumar Yadav

Hon'ble Jaspreet Singh,J.

Heard learned counsel for the petitioner.

In light of the order proposed to be passed by this Court, notice to the private-respondents No.1 to 8 is dispensed with.

By means of the instant petition, the petitioner seeks expeditious disposal of his application under Order 39 Rule 1 and 2 CPC filed on 25.07.2023 in a suit bearing No.1491 of 1998.

This Court by means of order dated 11.01.2024 had passed the following order which reads as under:

"The petitioner has approached this Court seeking remedy for expeditious disposal of an application filed under Order 39 Rule 1 and 2 CPC pending before the Civil Court, F.T.C. Court (Senior Division) Sultanpur in Suit No.1491 of 1998. The petitioner has not brought on record the entire order-sheet rather the order-sheet has been filed which relates to a period commencing from 03.05.2023 on wards.

Be that as it may, what disturbs the Court is the fact that the suit of the year 1998 is still pending, accordingly the Senior Registrar of this Court shall seek the report through the District Judge concerned from the Presiding Officer as to why the aforesaid suit has been pending since 1998 and its current status as well as what efforts are being made for its expeditious disposal.

List this matter again on 24th of January, 2024, as fresh alongwith report. "

In furtherance thereof the report of the court concerned has been placed on record wherein various details have been mentioned, including the fact that the evidence had commenced, however, on account of certain reasons the matter could not be taken to its logical conclusion. The court concerned has also pointed out that the application under Order 39 Rule 1 and 2 CPC is being taken up on priority and shall be decided as expeditiously as possible.

Considering the aforesaid, this Court does not deem appropriate to keep the matter pending rather the petition is disposed of with a direction to the petitioner to approach the court concerned and presses his application for injunction, the court also, after affording full opportunity of hearing to the parties but without granting any unnecessary adjournments, shall expeditiously dispose of the said application and also endeavour to decide the suit which is pending since 1998. If any of the parties to the suit tries to misuse the liberty or seeks unnecessary adjournment, the trial court shall be at liberty of passing appropriate orders.

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 same strictly in accordance with law.

With the aforesaid, the petition is disposed of .

Order Date :- 24.1.2024 KR

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