Disposed

Anjli Singh v. Jawahar Singh and Ors.

Rajasthan HC3 Jul 2018CW/13495/2018

Case brief

AI extract

What is this about?

This order, in S.B. Civil Writ Petition No.13495/2018, disposed of a petition seeking direction for the expeditious disposal of an underlying civil suit pending before the Additional Civil Judge, Bharatpur, noting the delay and lack of substantial progress.

What did the court decide?

Direction to the Additional Civil Judge, Bharatpur to decide the underlying civil suit No.299/2015 expeditiously.

Anjli Singh Vs Jawahar Singh and Ors. — Civil Procedure and Limitation | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No.13495/2018

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Anjli Singh W/o Shir Vijay Singh, D/o Shri Jawahar Singh By Caste-Jat , R/o 46, Krishna Nagar, Bharatpur At Present Village And Post Pengaon Teh. Chhata, District-Mathurau.p.

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----Petitioner-Defendant No.1

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Versus

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Jawahar Singh S/o Shri Maharaj Singh

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Saurabh Kumar S/o Shri Jawahar Singh Both By Caste-Jat , R/o 46, Krishna Nagar, Bharatpurraj.

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...Respondent No.1 & 2/ Plaintiffs

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Kirti Kumar S/o Shri Jawahar Singh , R/o 122/123, Madhyam Marg, Thadi Market, Mansrowar, Jaipur (Raj.

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----Respondent No.3/ Formal Defendant

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For Petitioner(s) : Mr.D.D. Khandelwal with Mr.Satish Khandelwal

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HON'BLE MR. JUSTICE ALOK SHARMA

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Order

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03/07/2018

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Mr.D.D. Khandelwal counsel for the petitioner submits

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that the suit for temporary injunction filed before the Trial Court on 23.11.2015 is still pending without any substantial progress.

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The delay is causing money and time being expanded by the petitioner-defendant in a suit which he is advised is wholly without merit and being delayed only to cause the defendant annoyance and harassment. He submits that the petitioner would be satisfied if this petition is disposed of with direction to the Additional Civil Judge No.4, Bharatpur the Presiding Officer to decide the respondent-plaintiff’s civil suit No.299/2015 (New No.78/2016)

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(2 of 2)

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[CW-13495/2018]

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titled Jawahar Singh & Others vs. Anjali Singh pending before him expeditiously.

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The prayer made by counsel for the petitioner for early disposal of civil suit appears to be reasonable.

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The Trial Court is in the circumstances directed to decide the underlying civil suit No.299/2015 (New No.78/2016) expeditiously as possible. Adjournments in the matter not be granted on mere askance without just cause and should, when sought and found warranted on a proper application in writing being filed to the satisfaction of the trial court be by a reasoned order. Towards that end the Trial Court should adhere to the enunciation of the Apex Court in the case of M/s. Shiv Cotex Vs. Tirgun Auto Plast (P) Ltd. & Others. [(2011) 9 SCC 678] , where it has been held that adjournments should be ordinarily limited to three/ four times in the life of the suit and as also to the proviso of Order 17 CPC.

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The writ petition stands disposed of.

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(ALOK SHARMA), J

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Himanshu/105

Anjli Singh v. Jawahar Singh and Ors.

Case brief

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Anjli Singh v. Jawahar Singh and Ors.

Case brief

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