The High Court allowed a writ petition under Article 227 of the Constitution directing the Trial Court to decide a pending civil suit no.16/2006(91/2002) on or before 29.01.2020 due to excessive delay.
The Trial Court is directed to decide the civil suit No.16/2006(91/2002) on or before 29.01.2020.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 117/2020
Gulab Chand Mittal S/o Late Sh. Panna Lal Mittal, Aged About 66 Years, Resident Of A-560, Malviya Nagar, Jaipur.
----Petitioner/Plaintiff
----Respondents/Defendants
For Petitioner(s) : Mr. Poonam Chand Bhandari
HON'BLE MR. JUSTICE PRAKASH GUPTA Order
07/01/2020
By this writ petition under Article 227 of the
Constitution of India the petitioner has prayed for expeditious disposal of the suit No.16/2006 (91/2002) (Gulab Chand Vs. State of Rajasthan and Anr.) pending before the Civil Judge (West), Jaipur Metropolitan, Jaipur (hereinafter referred to as “the Trial Court”).
It is submitted by learned counsel for the petitioner that the civil suit was filed by petitioner before the Trial Court on 11.01.2002, which is pending adjudication since then. He further submits that arguments of the petitioner in rebuttal were completed on 20.11.2019, yet the matter has been posted by the trial Court for further proceedings on 16.01.2020 causing grave prejudice to the petitioner as the matter was required to be posted for final judgment instead of further proceedings. In this view of
(2 of 2)
[CW-117/2020]
the matter, he prays that the Trial Court be directed to decide the suit pending before it expeditiously.
Having regard to the submissions made by the learned counsel for the petitioner and in view of the fact that the civil suit is pending since 11.01.2002, the writ petition deserves to be allowed.
Consequently, the writ petition is allowed and the Trial Court is directed to decide the civil suit No.16/2006(91/2002) pending before it on or before 29.01.2020.
(PRAKASH GUPTA),J
Mohit/40
1 issue framed by the court
Whether the High Court should direct the Trial Court to expeditiously dispose of a civil suit pending since 2002.
2 provisions across 1 enactments
Gulab Chand Mittal
The State Of Rajasthan
The Secretary, Rajasthan State Agriculture Marketing Board
Prakash Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
