Disposed¶11

Moti Lal v. Raj Kumari

Allahabad HC21 May 2024A227/2428/2024

Case brief

AI extract

What is this about?

Article 227 writ matter; Allahabad High Court, Lucknow Bench; Justice Alok Mathur; order dated 21.5.2024; expedited/time-bound disposal of Misc. Case No.14/2015 (Raj Kumari Vs. Moti Lal) pending before Civil Judge (Junior Division), North, Sultanpur; administrative-side zero-pendency directions for cases over five years old; judicial-side prayer rejected; liberty to file urgency application within two weeks; trial court to decide within three weeks; suitable orders on prima facie urgency; petition disposed of.

What did the court decide?

Principal prayer for a judicial-side direction for time-bound disposal rejected; liberty granted to the petitioner to move an urgency application before the trial Court within two weeks, to be considered and decided expeditiously (say, within three weeks thereafter), with suitable orders if urgency is prima facie made out.

Moti Lal vs Raj Kumari — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

¶11

Issue for consideration

Whether the High Court, in exercise of jurisdiction under Article 227 of the Constitution of India, should direct the Civil Judge (Junior Division), North, District Sultanpur to decide Misc. Case No.14/2015 (Raj Kumari Vs. Moti Lal) in a time bound manner.

¶7

Ratio / Principle

As this Court on the administrative side has already issued directions to the Courts below to obtain zero pendency of cases more than five years old, the Court is not inclined to pass any further order on the judicial side, and the prayer is rejected.

¶9

Key takeaways

Liberty is given to the petitioner to move an appropriate application detailing urgency for expeditious disposal of the suit before the trial Court.ratio¶10
If the urgency application is moved within two weeks, the trial Court shall consider and decide the same expeditiously, say, within three weeks thereafter.ratio¶10
If the trial Court is prima facie satisfied that a case for urgency is made out, it shall pass suitable orders thereon.

Detailed headnote1 paragraphs

Matters Under Article 227, Allahabad High Court (Lucknow Bench), Alok Mathur, J. — Petition under Article 227 of the Constitution of India seeking disposal of Misc. Case No.14/2015 (Raj Kumari Vs. Moti Lal), pending before the Civil Judge (Junior Division), North, District Sultanpur, within a stipulated time. Held: since the Court on the administrative side has already issued directions to the Courts below to obtain zero pendency of cases more than five years old, no further order on the judicial side was called for and the prayer was rejected. However, liberty was given to the petitioner to move an appropriate application detailing urgency before the trial Court; if moved within two weeks, the trial Court was to consider and decide it expeditiously, say within three weeks thereafter, and pass suitable orders if prima facie satisfied that a case for urgency was made out. Petition disposed of.

Moti Lal v. Raj Kumari

Case brief

What is this about?

What did the court decide?

Moti Lal v. Raj Kumari

Case brief

What is this about?

What did the court decide?

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What the court decided

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