Disposed

Ram Ganesh Shukla v. Civil Judge (Praver Khand ) Court No. 38 Sultanpur and 3 Others

Allahabad HC4 Jun 2024A227/2873/2024

Case brief

AI extract

What is this about?

In a writ petition under Article 227, the petitioner sought a direction to expedite the disposal of a civil suit pending since 2014. The Court, noting existing administrative directions for zero pendency, chose not to pass further judicial orders but permitted the petitioner to approach the lower court directly for urgent disposal.

What did the court decide?

Liberty granted to move an application for urgent disposal to the subordinate court with an undertaking of disposal within three weeks.

Ram Ganesh Shukla Vs Civil Judge (Praver… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:42407

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Court No. - 4

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Case :- MATTERS UNDER ARTICLE 227 No. - 2873 of 2024

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Petitioner :- Ram Ganesh Shukla Respondent :- Civil Judge (Praver Khand ) Court No. 38 Sultanpur And 3 Others Counsel for Petitioner :- Ankush Pandey

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Hon'ble Syed Qamar Hasan Rizvi,J.

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Heard Shri Alok Pandey, learned counsel for petitioner, learned Standing Counsel for the State and perused the material available on record.

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By means of the present petition under Article 227 of the Constitution of India, the petitioner has sought following prayer:-

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"I. to direct the court of learned Civil Judge (Praver Khand), Court No. 38, Sultanpur to decide the Case No. 7 of 2014 (Ram Ganesh Vs. Radheyshyam and others), which is pending before him since 2014, as expeditious as possible or within a period as stipulated by this Hon'ble Court, annexed as Annexure No. 1."

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It is urged that though several dates were fixed in the case but for one reason or the other, the same could not be decided.

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The prayer made in the present writ petition is limited only to the extent that the learned Civil Jude (Praver Khand), Court No. 38, Sultanpur be directed to decide the Case No. 7 of 2014 (Ram Ganesh Vs. Radheyshyam and others) in a time bound manner.

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It is noteworthy, that this Court on administrative side has already issued directions to the Courts below to ensure 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.

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In view of the order proposed to be passed in the present writ

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petition, notice to private respondents no. 2 to 4 are dispensed with.

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This Court at this stage is not inclined to interfere in the matter under Article 227 of the Constitution of India. However, in the interest of justice, liberty is granted to the petitioner to approach the learned Civil Jude (Praver Khand), Court No. 38, Sultanpur by moving an appropriate application detailing urgency for expeditious disposal of Case No. 7 of 2014 (Ram Ganesh Vs. Radheyshyam and others), and in case, if such an application is moved, the Court concerned shall consider the same within a period of three weeks from the date of filing of such an application along with the copy of this order. It is provided that if the Court concerned finds that a case for urgency is made out, it shall pass appropriate orders thereupon, in accordance with law.

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It is made clear that this Court has not examined the case on merit and the Court concerned shall decide the same on merit strictly in accordance with law.

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With the aforesaid observations, the instant writ petition is disposed of.

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Order Date :- 4.6.2024 Virendra

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

Ram Ganesh Shukla v. Civil Judge (Praver Khand ) Court No. 38 Sultanpur and 3 Others

Case brief

What is this about?

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Ram Ganesh Shukla v. Civil Judge (Praver Khand ) Court No. 38 Sultanpur and 3 Others

Case brief

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