Writ petition filed to direct court below to expedite a pending partition suit. This court held that directing disposition of civil suits infringes on the lower court's adjudication powers and dismissed the petition.
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[CW-4161/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No.4161/2021
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Deepak Khandelwal For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
03/08/2021
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[CW-4161/2021]
The petitioners have preferred this writ petition praying for early disposal of partition suit pending before the learned Additional District and Sessions Judge No.3, District Alwar. Learned counsel for the petitioner submits that petitioner no.1 is a widow.
I have considered the submissions.
This court does not run day to day proceedings of the court below. Civil cases’ disposal rests on civil aspects. There can be several applications which may have to be disposed of by the concerned court and directing the concerned court to decide civil suit that is of partition within stipulated period is wholly unwarranted as it is direct interference with the adjudication of cases in the court below.
In view thereof, the writ petition is misconceived and it is accordingly dismissed.
(SANJEEV PRAKASH SHARMA),J
Karan/69
1 issue framed by the court
Whether this court can direct the court below to decide the pending civil suit for partition within a stipulated period.
SANJANA KANWAR W/O LATE ARVIND NARUKA
ANKITA D/O LATE ARVIND NARUKA
YUVRAJ S/O LATE ARVIND NARUKA
NARENDRA SINGH NARUKA
AJEET SINGH NARUKA
SHYAM SINGH NARUKA
SANJEEV PRAKASH SHARMA
As recorded by the court registry
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