Disposed

Smt. Shanti Devi v. Dharmraj Tiwari and 7 Others

Allahabad HC4 Jun 2024A227/2886/2024

Case brief

AI extract

What is this about?

The High Court, while hearing a writ petition for expeditious disposal of a civil suit, noted that administrative directions already exist for zero pendency. Thus, the petition was disposed of without interference, granting liberty to the petitioner to approach the trial court with a specific application for urgency.

What did the court decide?

Petition disposed of; liberty granted to move an application for urgency before the trial court.

Smt. Shanti Devi Vs Dharmraj Tiwari and 7… — Civil Procedure and Limitation | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:42404

¶2

Court No. - 4

¶3

Case :- MATTERS UNDER ARTICLE 227 No. - 2886 of 2024

¶4

Petitioner :- Smt. Shanti Devi Respondent :- Dharmraj Tiwari And 7 Others Counsel for Petitioner :- Rakesh Kumar Maurya

¶5

Hon'ble Syed Qamar Hasan Rizvi,J.

¶6

Heard Shri Rakesh Kumar Maurya, learned counsel for petitioner, learned Standing Counsel for the State and perused the material available on record.

¶7

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

¶8

"I. to issue an order or direction to the learned Civil Judge (Junior Division), Fast Track Court, Sultanpur to decide Original Suit No. 268 of 2002 (Dharamraj Tiwari Vs. Smt. Shanti Devi and others) pending in the court of learned Civil Judge (Junior Division), Sultanpur expeditiously within a stipulated period, in the interest of justice."

¶9

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.

¶10

Learned counsel for petitioner contends that learned Civil Judge (Junior Division), Fast Track Court, Sultanpur may be directed to decide Original Suit No. 268 of 2002 (Dharamraj Tiwari Vs. Smt. Shanti Devi and others) in a time bound manner.

¶11

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.

¶12

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

¶13

petition, notice to private respondents are dispensed with.

¶14

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 Judge (Junior Division), Fast Track Court, Sultanpur by moving an appropriate application detailing urgency for expeditious disposal of Original Suit No. 268 of 2002 (Dharamraj Tiwari Vs. Smt. Shanti Devi 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 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.

¶15

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

¶16

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

¶17

Order Date :- 4.6.2024 Virendra

¶18

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

Smt. Shanti Devi v. Dharmraj Tiwari and 7 Others

Case brief

What is this about?

What did the court decide?

Smt. Shanti Devi v. Dharmraj Tiwari and 7 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Neeraj Kumar Upadhyay Vs Assistant Collector / Tehsildar, Tehsil Kadipur, Sultanpur and Another

Ram Dular Vs State of U.P. Thru. District Magistrate, Sultanpur and Others

Shri Bhagwan Vs State of U.P. Thru. Secy. Revenue, Lucknow and Others

Amitabh Gupta Thru. Power of Attorney Ajay Kumar Pandey Vs Gangaram and Another

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

Shiv Shankar Singh Yadav Vs State of U.P. Thru. Its Prin. Secy. Forest Civil Sectt. Lko. and Another