Disposed

Javed Khan and Anr. v. Ahsan Khan

Rajasthan HC10 Apr 2018CW/6481/2018

Case brief

AI extract

What is this about?

Writ petition filed to direct the trial court to dispose of a suit pending for four years. The High Court directed disposal within fifteen months, regulated adjournments, and ordered swift disposition of miscellaneous applications.

What did the court decide?

Directed trial court to dispose of the suit for possession within fifteen months; regulated grant of adjournments and disposal of miscellaneous applications.

Javed Khan and Anr. Vs Ahsan Khan — Execution and Attachment | 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. 6481/2018

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Javed Khan S/o Saeed Khan, Aged About 33 Years

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Saeed Khan S/o Late Shakoor Khan, Aged About 56 Years, Both By Muslim, R/o House No. 730, Surajpura House, Chini Ki Burj, Chokri Sarhad, Jaipur (Raj.)

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----Petitioners

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Versus

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Ahsan Khan S/o Late Shakoor Khan, B/c Muslim, R/o Plot No. A- 16, Chandramahal Colony, Chini Ki Burj, Chokri Sarhad, Jaipur (Raj.)

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----Respondent

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For Petitioner(s) : Mr. Mohammed Anees

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HON'BLE MR. JUSTICE ALOK SHARMA Judgment

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10/04/2018

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The case of the plaintiffs-petitioners (hereafter

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‘the plaintiffs’) is that suit for possession, mesne profit and

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permanent injunction was filed in the year 2013 and albeit the defendants have been served and issues framed, it is still languishing at the stage of plaintiffs’ evidence for reasons of obstructive tactics by the defendantsinter-alia by moving multiple

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frivolous misc. applications and otherwise seeking adjournments,

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which are granted on mere askance. It has been submitted that

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delay in adjudication of the suit is causing prejudice to the

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(2 of 3)

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[CW-6481/2018]

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plaintiffs and denying them vindication of their rights, as agitated.

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It has been prayed that the trial court be directed to dispose of the suit expeditiously.

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The prayer of the counsel for the plaintiffs is quite reasonable.

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The suit pending adjudication at the stage of plaintiffs’ evidence despite lapsing 4 years of its filing is indicative of the lethargy of trial court in administering justice and possibly of work overload yet such delays cannot be countenanced. In the circumstances, I would direct the trial court to dispose of the plaintiffs’ underlying suit for possession, mesne profit and permanent injunction within a period of fifteen months from the date of presentation of certified copy of this order. The trial court

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shall keep in view the judgment of the Apex Court in the case of M/s. Shiv Cotex Versus Tirgun Auto Plast (P) Ltd. & Ors. (2011) 9 SCC 678 and the provisions of Order 17 Rule 1 CPC. Adjournment in the suit not be granted without just cause and should, when warranted be by a reasoned order on a proper application being

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filed to the satisfaction of the trial Court. Further miscellaneous

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applications be decided as far as possible within three days of

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(3 of 3)

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[CW-6481/2018]

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filing and when found frivolous be visited with costs as a measure

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of the trial court regulating proceedings without being hijacked by mischief resort to otherwise salutary provisions of the Civil Procedure Code.

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With these directions, this petition is disposed of.

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(ALOK SHARMA), J

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Javed Khan and Anr. v. Ahsan Khan

Case brief

What is this about?

What did the court decide?

Javed Khan and Anr. v. Ahsan Khan

Case brief

What is this about?

What did the court decide?

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