The petition seeking expedition of a 2017 civil suit was dismissed. The Court found that although issues were framed in 2020, no evidence had been filed by any party, making expedition unjustified at this stage.
None. Petition for expedition dismissed with liberty to approach Court in future if cause arises.
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Neutral Citation No. - 2024:AHC-LKO:1580
Court No. - 8
Case :- MATTERS UNDER ARTICLE 227 No. - 23 of 2024
Petitioner :- Archana Rajan And 2 Others Respondent :- Civil Judge, North (J.D.) Lko. And 5 Others Counsel for Petitioner :- Rajesh Kumar Singh
Hon'ble Jaspreet Singh,J.
Heard learned counsel for the petitioners.
The instant petition has been preferred by the petitioners to seek expeditious disposal of Regular Suit No.1520/2017 which has been filed by the plaintiffs-respondents No.2 to 6.
The submission of the learned counsel for the petitioners is that they are the defendants of the suit and had filed their written statements even containing a counter claim. It is urged that for one reason or the other, the matter is being delayed at the behest of the private-respondents. Accordingly, the proceedings be expedited.
The Court has considered the aforesaid and also perused the material on record including the extracts of the order-sheets which have been brought on record as Annexure No.4. From the perusal of the material available on record, it appears that on 26.02.2020, the issues were framed whereafter the proceedings could not be taken forward on account of the lock-down due to outbreak of COVID-19 Pandemic.
Be that as it may there does not appear that the evidence has been filed by the respective parties. Since, the suit is of the year 2017, at this stage, this Court is not inclined to expedite the proceedings, accordingly, the petition is dismissed leaving it open for the petitioners to approach the Court in case if any cause of action for expedition arises in future.
Order Date :- 8.1.2024 Rakesh/-
Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the High Court should expedite the pending suit filed by private respondents despite the case being delayed since 2017.
Whether lack of evidence filing by parties warrants expedited disposal in a four-year-old suit.
Whether the High Court, under Article 227, can order expedition at this stage given no evidence is on record.
Archana Rajan And 2 Others
Civil Judge, North (J.D.) Lko.
Jaspreet Singh
As recorded by the court registry
2 orders share this CNR
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