This petition under Article 227 sought a direction for expeditious disposal of a pending civil suit involving delays despite filing of written statements. The High Court directed the trial court to decide the suit within one year.
Direction to respondent No.1 to decide Civil Suit No.169 of 2016 most expeditiously within one year.
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Neutral Citation No. - 2024:AHC-LKO:16938
Court No. - 8
Case :- MATTERS UNDER ARTICLE 227 No. - 936 of 2024
Petitioner :- Smt. Meera Respondent :- Court Of Small Causes Judge Faizabad And 2 Others Counsel for Petitioner :- Sandip Kumar Yadav
Hon'ble Jaspreet Singh,J.
Heard learned counsel for the petitioner.
In view of the order proposed to be passed by this Court, notice to the private-respondents No.2 and 3 is dispensed with.
By means of the instant petition, the petitioner seeks expeditious disposal of Civil Suit No.169 of 2016, which is pending before the respondent No.1 since 2016.
Submission of the learned counsel for the petitioner is that though the written statements have been filed by the defendant yet to delay the proceedings. Applications have been moved by the defendants only to delay the proceedings and till date the issues have also not been framed despite the fact that the written statement was filed by the contesting defendants in July, 2019. In the aforesaid circumstances it is prayed that the some expedite order be passed.
Learned standing counsel submits that he has no objection in case an expedite order is passed.
Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondent No.1 to consider and decide the pending proceedings of Civil Suit No.169 of 2016 most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably within a period of
one year from the date an authenticated copy of this order is placed before the authority concerned.
It is made clear that the Court has not examined the case of either of the parties on merits and the court concerned shall be free to decide the matter strictly in accordance with law.
With the aforesaid, the petition is disposed of .
Order Date :- 26.2.2024 ank
Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the High Court should direct the Court of Small Causes to dispose of Civil Suit No.169 of 2016 expeditiously?
1 provisions across 1 enactments
Smt. Meera
Court Of Small Causes Judge Faizabad
2 Others
Jaspreet Singh
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
