The High Court granted directions to the Additional District & Sessions Judge to decide the pending Civil Regular Appeal No.26/2015 within six months from the date of receipt of the copy of this order.
Direction to decide Appeal No.26/2015 within six months from receipt of this order.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 10065/2019
Ramesh Kumar S/o Laxminarayan, Aged About 45 Years, By Caste Brahmin, R/o Kisangarh Renwal District Jaipur.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Rakesh Chandel, Adv. on behalf of Mr. Dinesh Pareek, Adv. |
|---|---|
| For Respondent(s) | : |
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
01/07/2019
The instant petition has been filed by the petitioner seeking a direction to decide the Civil Regular Appeal No.26/2015 pending before the Additional District & Sessions Judge, Sambhar Lake, District Jaipur.
Learned counsel has submitted that the suit filed by the respondent-plaintiff was dismissed vide judgment and decree dt.27.08.2015 and against the said judgment, the respondent plaintiff has filed appeal in the year 2015. Learned counsel has
(2 of 2)
[CW-10065/2019]
submitted that the appeal has not been decided in expeditious manner and dates are given from time to time.
Learned counsel has drawn attention of this Court towards
order-sheets which have been filed from 10.09.2015 to 01.03.2019. Learned counsel has submitted that due to pendency of the appeal, the petitioner is suffering and the court below has further passed interim order in appeal on 11.09.2015, wherein the present petitioner has been restrained to alienate property and not to make any construction of the disputed land.
Learned counsel has submitted that pendency of the appeal is not in the interest of justice of both the parties and suitable direction may be given to decide the appeal in expeditious manner.
This Court considering the facts that the Courts below are required to decide the old cases and priorities are to be given to the cases which are pending more than 10 years. This Court finds that the appeal filed by the petitioner-respondent plaintiff may also be decided in expeditious manner.
This is expected from the Appellate Court that the appeal No.26/2015 may be decided in expeditious manner and endeavour should be made to decide the appeal within a period of six months from the date of receipt of copy of this order.
Accordingly, the present writ petition is disposed of.
(ASHOK KUMAR GAUR),J
Ashish Kumar /369/48
1 issue framed by the court
Whether directions should be given to the appellate court to decide the pending appeal in an expeditious manner and within a specified period.
Ramesh Kumar
Maliram
Om Prakash
Kedar
Ashok Kumar Gaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
