The High Court of Rajasthan disposed of the writ petition directed the trial court to decide the underlying suit expeditiously within 12 months, and restricted adjournments.
The trial court directed to decide the underlying suit within 12 months and adjournments restricted.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 5008/2018
M/s Green Plus Builders Pvt. Ltd. Director Shri Madan Lal Saini S/o Shri Kanhiya Lal Saini, Aged About 49 Years, Office 49-49A, Mithla Vihar, Mansaraovar, Jaipur.
----Petitioner
Versus
Smt. Reshma Devi W/o Shri Dharamveer Singh, By Caste Jat, Aged About 48 Years, R/o Plot No. 61, Moti Nagar (East), Queens Road, Jaipur.
----Respondent
For Petitioner(s) : Mr. Vishwajeet Mantri
HON'BLE MR. JUSTICE ALOK SHARMA
Judgment
05/04/2018
Heard counsel for the plaintiff-petitioner (hereafter ‘the plaintiff’) and perused the impugned order dated 24.1.2018.
Mr. Vishwajeet Mantri, counsel for the plaintiff submitted that plaintiff would be satisfied if this petition is disposed of with direction to the trial court to decide the plaintiff’s suit for permanent and perpetual injunction expeditiously as the underlying suit was filed in the year 2015.
The prayer of Mr. Vishwajeet Mantri, counsel for the petitioner is reasonable.
The trial court is directed to decide the underlying suit expeditiously and in any event within 12 months from the date of presentation of certified copy of this order subject to cooperation of the plaintiff. Adjournments in the matter shall not be granted without just cause and should, when warranted for unavoidable
(2 of 2) [CW-5008/2018]
reasons be by a reasoned order on a proper application being filed to the satisfaction of the trial Court. For effectuating this order, the trial court should adhere the observations of the Hon'ble Supreme Court in case of Shiv Cotex Vs. Tirgun Auto Plast (P) Ltd. [(2011)
9 SCC 678], as also the proviso to Order 17 Rule 1 CPC.
Writ petition stands disposed of accordingly.
(ALOK SHARMA),J
DK
2 issues framed by the court
Whether the trial court be directed to decide the underlying suit expeditiously within a specified time frame.
Whether adjournments in the underlying suit be restricted.
Colour shows how this judgement treated each authority
Shiv Cotex Vs. Tirgun Auto Plast (P) Ltd.Applied¶17
Shiv Cotex Vs. Tirgun Auto Plast (P) Ltd. [(2011) 9 SCC 678] · Who else cites this
1 provisions across 1 enactments
M/s Green Plus Builders Pvt. Ltd. Director Shri Madan Lal Saini
Smt. Reshma Devi
Allok Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
