The Patna High Court granted relief under Article 227 of the Constitution directing the lower court to dispose of a pending title appeal within six months, requiring a report if the target is not met.
Direction to the court below to dispose of the pending appeal within six months; to report if impossible.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12570 of 2012
====================================================== 1. Sita Ram Dushad S/O Late Balkeshwar Dushad R/O Vill-Simra Telpura, P.S.-Simra, Distt-Aurangabad(Bihar)
.... .... Petitioner/s
Versus
.... .... Respondents
====================================================== Appearance : For the Petitioner : Mr. Achal Kumar Sinha, advocate For the State : Mr. Ranjan Kumar, AC to AAG4 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 19-09-2013 Heard learned counsel for the petitioner. The only grievance which the petitioner has in the present application under Article 227 of the Constitution of India is, that the appeal being Title Appeal No. 26 of 1996 is pending in the court of Additional District Judge-I, Aurangabad at the stage of final hearing since 20.08.2002. The petitioner is respondent in the said appeal.
It is difficult to comprehend a situation where an appeal is pending at the stage of hearing since 20.08.2002. There may be compelling circumstances also. However, I propose to
Patna High Court CWJC No.12570 of 2012 (2) dt.19-09-2013
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dispose of this application, at this stage itself, with a direction to the court below to make endeavour to dispose of Title Appeal No. 26 of 1996/ 6 of 1996 as expeditiously as possible. If the court below finds its impossible to dispose of the appeal within six months from the date of communication/ production of a copy of this order, it shall send a report to this court in this regard.
This application is disposed of accordingly, in terms
of observation as aforesaid.
(Chakradhari Sharan Singh, J)
BKS/-
1 issue framed by the court
Whether the high court can direct the lower court to dispose of a pending appeal expeditiously.
1 provisions across 1 enactments
Sita Ram Dushad
The State Of Bihar
The Registrar, Civil Court, Aurangabad
Ram Prasad Gahlot
Janardan Gahlot
Rohit Gahlot
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
