Disposed

Anara Devi v. Civil Judge (Junior Division ) Court No. 38 Sultanpur and 3 Others

Allahabad HC23 Sept 2024A227/4537/2024

Case brief

AI extract

What is this about?

A single judge disposed of a writ petition under Article 227. The court directed strickering the trial judge as a respondent based on Supreme Court precedents. It refused a direction for expeditious disposal due to procedural lapses and lack of updated court records.

What did the court decide?

Liberty to file appropriate application for expeditious disposal of the suit before the trial Court itself.

Anara Devi vs Civil Judge (Junior Division… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:65756

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Court No. - 19

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Case :- MATTERS UNDER ARTICLE 227 No. - 4537 of 2024

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Petitioner :- Anara Devi

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Respondent :- Civil Judge (Junior Division ) Court No. 38 Sultanpur And 3 Others

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Counsel for Petitioner :- Priyam Mishra,Amit Prakash Sharma,Supriya Tiwari

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Supriya Tiwari learned counsel for the petitioner.

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The petitioner has impleaded the learned Civil Judge (J.D.), Court No.38, Sultanpur in the array of opposite parties, whereas as per law laid down by the Hon'ble Supreme Court in Savitri Devi Vs. District Judge, Gorakhpur ; (1999) 2 SCC 577 and in Jogendrasinhji Vijaysinghji v. State of Gujrat , (2015) 9 SCC 1, the Civil Courts ought not to be impleaded as opposite parties to the petitions filed in the High Courts.

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Accordingly, learned counsel for the petitioners is directed to strike out the name of learned Civil Judge (J.D.), Court No.38, Sultanpur from the array of opposite parties and renumber the opposite parties forthwith.

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By means of the instant writ petition filed under Article 227 of the Constitution of India, the petitioner has sought issuance of a direction to the learned Civil Judge (J.D.), Court No.38, Sultanpur to decide the Regular Suit No.781 of 2018 expeditiously.

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From the perusal of the order sheet annexed with the petition it appears that the matter was referred to Mediation Centre by means of an order dated 15.04.2023 but the outcome of mediation is not reflected either from the order sheet or from

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the pleadings made in the petition. On several dates, the Court was laying vacant and, therefore, the matter could not proceed any further and the suit has been transferred to another Court on 30.05.2024. None of the orders passed after transfer of the suit, has been annexed with the petition.

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In these circumstances, there is no ground to issue any direction in the petition.

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Accordingly, this petition is disposed of by giving a liberty to the petitioner to file appropriate application for expeditious disposal of the suit before the trial Court itself, which shall pass appropriate orders in accordance with law.

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[Subhash Vidyarthi,J.]

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Order Date :- 23.9.2024 -Amit K-

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

Anara Devi v. Civil Judge (Junior Division ) Court No. 38 Sultanpur and 3 Others

Case brief

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Anara Devi v. Civil Judge (Junior Division ) Court No. 38 Sultanpur and 3 Others

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