Single Judge ordered the trial court to decide a civil suit for permanent injunction pending for seven years within 12 months, capping adjournments per the Shiv Cotex principle.
Directed the trial court to decide the pending suit within 12 months. Order adheres to the Shiv Cotex decision regarding adjournment limits.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No.12597/2018
Jayram Son Of Shri Chandrabhan, By Caste Sindhi, aged about 50 years, Resident Of Nayapura Kota, District Kota Rajasthan
----Petitioner
Versus
Urban Improvement Trust, Kota Through Its Secretary, UIT Kota Rajasthan
----Respondent
For Petitioner(s) : Mr.Rahul Sharma on behalf of Mr.Rajneesh Gupta.
HON'BLE MR. JUSTICE ALOK SHARMA
Order
10/07/2018
This petition has been filed with the prayer to direct the trial court to dispose of civil suit no.79/2011 pending before Additional District Judge (Civil Judge)-cum-Judicial Magistrate No.1 Kota for about 7 years which is pending at the stage of petitioner-plaintiff’s evidence and is being adjourned on the mere askance of the respondent-defendant.
In view of the facts on record and prayer of the counsel for the petitioner, the trial court is directed to decide the plaintiff’s suit for permanent injunction pending for the last seven years, as stated by counsel, within a period of 12 months from the date of presentation of a certified copy of this order. To facilitate compliance of this order, the trial court
(2 of 2) [CW-12597/2018]
is directed to adhere to the decision of the Apex Court in the case of M/s. Shiv Cotex Vs. Trigun Auto Plast (P) Ltd. & Others [(2011) 9 SCC 678] wherein the Apex Court has held that adjournments should ordinarily be limited to three/ four times in a suit as also to the provisions to Order 17 CPC.
The petition stands disposed of accordingly.
(ALOK SHARMA),J
Karan/154
2 issues framed by the court
Whether the trial court shall be directed to dispose of the pending civil suit within a specified period.
Whether adjournments should be limited in accordance with the Apex Court decision in M/s. Shiv Cotex case.
Colour shows how this judgement treated each authority
M/s. Shiv Cotex Vs. Trigun Auto Plast (P) Ltd. & OthersRelied on¶14
M/s. Shiv Cotex Vs. Trigun Auto Plast (P) Ltd. & Others [(2011) 9 SCC 678] · Who else cites this
Jayram Son Of Shri Chandrabhan
Urban Improvement Trust, Kota
Allok Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
