Allowed

Shri Ravi Chandra v. Civil Judge Avar Khand Judicial Room No. 29 District Sultanpur and 7 Others

Allahabad HC20 Aug 2024A227/3858/2024

Case brief

AI extract

What is this about?

This single-judge writ petition under Article 227 sought directions to decide a civil suit pending for 21 years. The High Court found merit in the delay, imposed a one-year deadline, and directed the trial court to proceed on a day-to-day basis without unnecessary adjournments. The petition was disposed of.

What did the court decide?

The trial court ordered to decide the pending suit within one year from receipt of certified copy; directions to avoid adjournments and deny appearance for strike of advocates.

Shri Ravi Chandra vs Civil Judge Avar Khand… — Civil Procedure and Limitation | Allahabad HC (2024)

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Court No. - 20

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Case :- MATTERS UNDER ARTICLE 227 No. - 3858 of 2024

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Petitioner :- Shri Ravi Chandra Respondent :- Civil Judge Avar Khand Judicial Room No. 29 District Sultanpur And 7 Others Counsel for Petitioner :- Pramod Kumar Tiwari,Smt. Usha Tiwari Counsel for Respondent :- C.S.C.

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Hon'ble Ajay Bhanot,J.

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The only prayer made by the learned counsel for the petitioner is to decide the proceedings of the Case No.791 of 2003 (Suresh v. Haridwar, pending before the learned Civil Judge (Avar Khand), Judicial Room No.29, District-Sultanpur within a stipulated period of time.

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Smt. Usha Tiwari, learned counsel for the petitioner contends that the suit was instituted in the year 2003.

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Having heard the learned counsel for the petitioner and upon perusal of the order-sheet, this Court finds that the suit has been pending for more than 21 years. No good reason or valid basis in law can be prised out from the ordersheet for the inordinate delay in deciding the suit. No lis can remain pending indefinitely before a court of law. Indefinite pendency of a lis goes to the root of administration of justice. There is merit in the submission of the learned counsel for the petitioner.

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In view of the preceding discussion, the following directions are issued to the learned trial court/learned Civil Judge (Avar Khand), Judicial Room No.29,

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District-Sultanpur, before whom the Case No.791 of 2003 (Suresh v. Haridwar), is pending:

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(I) The learned trial court/learned Civil Judge (Avar Khand), Judicial Room No.29, District-Sultanpur is directed to decide the Case No.791 of 2003 (Suresh v. Haridwar), within a period of one year from the date of receipt of a certified copy of this order.

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(II) All parties are directed to cooperate in the trial proceedings.

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(III) The learned trial court/learned Civil Judge (Avar Khand), Judicial Room No.29, District-Sultanpur shall not grant any unnecessary adjournment to the parties.

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(IV) In case any party adopts dilatory tactics or creates impediment in compliance of this order, the learned trial court/learned Civil Judge (Avar Khand), Judicial Room No.29, District-Sultanpur, shall impose costs not below Rs.5,000/- for each adjournment against such party. Thereafter, the learned trial court shall record a finding to this effect and proceed in accordance with law.

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(V) In case the counsel for any party does not appear before the learned trial court/learned Civil Judge (Avar Khand), Judicial Room No.29, District-Sultanpur, on any date on the ground of strike of advocates, the trial court shall not permit such counsel (of either party) to appear in this case on future dates.

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(VI) The learned trial court/learned Civil Judge (Avar Khand), Judicial Room No.29, District-Sultanpur, shall proceed with the trial on a day to day basis, if required, to ensure that the above stipulated time period of one year to decide the suit is adhered to.

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With the aforesaid directions, the petition is finally disposed of.

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Order Date :- 20.8.2024 Ashish Tripathi

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Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench

Shri Ravi Chandra v. Civil Judge Avar Khand Judicial Room No. 29 District Sultanpur and 7 Others

Case brief

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Shri Ravi Chandra v. Civil Judge Avar Khand Judicial Room No. 29 District Sultanpur and 7 Others

Case brief

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