Disposed

Smt. Asha Rani Srivastava v. Civil Judge (Snr. Division) Room No. 15 Sultanpur and 2 Others

Allahabad HC9 Jul 2024A227/3148/2024

Case brief

AI extract

What is this about?

Petitioner sought direction under Article 227 for expedited handling of corresponding long-pending civil suit. Court granted liberty to file urgency application with direction to trial court to decide it expeditiously without unnecessary adjournments.

What did the court decide?

Petitioner granted liberty to move urgency application before Civil Court; Respondent directed to decide said application expeditiously after notice.

Smt. Asha Rani Srivastava vs Civil Judge… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:46418

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Court No. - 19

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Case :- MATTERS UNDER ARTICLE 227 No. - 3148 of 2024

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Petitioner :- Smt. Asha Rani Srivastava Respondent :- Civil Judge (Snr. Division) Room No. 15 Sultanpur And 2 Others Counsel for Petitioner :- Harsh Vardhan Singh

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Hon'ble Manish Kumar,J.

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Heard.

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Present petition has been preferred to direct the respondent no. 1 (Civil Judge (Senior Division), Room No.15, Sultanpur to decide Civil Suit No.906/2019 (Smt. Neelam and Anr. vs. Smt. Asha Rani Srivastava) preferred by the Respondent Nos.2 and 3 on 19.08.2019 in which the petitioner is the defendant, expeditiously, which is pending since 2019.

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It is further submitted that the petitioner, who is defendant in the said suit, has already filed application under Order 7 Rule 11 C.P.C. for rejecting the suit but instead of deciding the application of the present petitioner the proceedings are getting delayed and only long dates are being fixed.

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It is further submitted that the suit is pending since 2019, due to which the petitioner is facing difficulty.

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On being specifically asked from learned counsel for the petitioner that whether petitioner has preferred any application for early disposal of the proceedings by showing urgency in the matter before the Court concerned, it has been replied by learned counsel for the petitioner that no such application has been preferred before the Court concerned and petitioner has approached this Court directly for deciding the same expeditiously.

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At this stage, learned counsel for the petitioner has submitted that present petition may be disposed of with a liberty to the petitioner to move an urgency application for early disposal of the Civil Suit No.906/2019 (Smt. Neelam and Anr. vs. Smt. Asha Rani Srivastava), before the Court concerned and if any such application is preferred by the petitioner the same may be decided by the respondent no.1 within the stipulated time fix by this Court.

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Learned Standing Counsel has no objection to the prayer made by learned counsel for the petitioner.

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On the request of learned counsel for the petitioner and without entering into the merits of the case, the present petition is disposed of with liberty to the petitioner to move an urgency application for early disposal of Civil Suit No.906/2019 (Smt. Neelam and Anr. vs. Smt. Asha Rani Srivastava), which is pending since 2019 before respondent no.1. If any such application is preferred, it is expected that respondent no.1 shall decide the urgency application preferred by the petitioner expeditiously in accordance with law, after giving opportunity of hearing to the parties concerned and without providing any unnecessary adjournment to either of the parties.

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Order Date :- 9.7.2024 S. Kumar

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

Smt. Asha Rani Srivastava v. Civil Judge (Snr. Division) Room No. 15 Sultanpur and 2 Others

Case brief

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Smt. Asha Rani Srivastava v. Civil Judge (Snr. Division) Room No. 15 Sultanpur and 2 Others

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