Disposed

Khursheed Ahmad v. Civil Judge (Junior Division), Court Room No. 15 Sultanpur and 4 Others

Allahabad HC13 May 2024A227/2348/2024

Case brief

AI extract

What is this about?

This is a writ petition under Article 226/227 seeking directions for the speedy disposal of a stale original suit. The Court noted existing administrative directions for zero pendency in old cases and held that no further judicial order was necessary, disposing of the petition with liberty to move the trial court for urgency.

What did the court decide?

Petition disposed; liberty given to move application for urgency to trial court for consideration and expeditious decision if urgency is made out.

Khursheed Ahmad vs Civil Judge (Junior… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:36396

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 2348 of 2024

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Petitioner :- Khursheed Ahmad

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Respondent :- Civil Judge (Junior Division), Court Room No. 15 Sultanpur And 4 Others

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Counsel for Petitioner :- Ajeet Kumar

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Hon'ble Alok Mathur,J.

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Heard Sri Ajeet Kumar, 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 Original Suit No. 296/2012 (Khursheed Ahmad Vs. Shiv Kumar and others) pending before Civil Judge (Jr. Div.) Court No. 15, Sultanpur since 15.05.2012.

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Learned counsel for the petitioner submits that grievance of the petition would be sufficiently met in case Civil Judge (Jr. Div.) Court No. 15, Sultanpur, 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 :- 13.5.2024 Ravi/

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

Khursheed Ahmad v. Civil Judge (Junior Division), Court Room No. 15 Sultanpur and 4 Others

Case brief

What is this about?

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Khursheed Ahmad v. Civil Judge (Junior Division), Court Room No. 15 Sultanpur and 4 Others

Case brief

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