Allahabad High Court
Krishna Kumar Jaysawal vs Atul Kumar Jaysawal And 3 Others on 10 August, 2022
Author: Vipin Chandra Dixit
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6119 of 2022 Petitioner :- Krishna Kumar Jaysawal Respondent :- Atul Kumar Jaysawal And 3 Others Counsel for Petitioner :- Gulrez Khan,Javed Husain Khan Hon'ble Vipin Chandra Dixit,J.
Heard Sri Javed Husain Khan, learned counsel for petitioner and perused the record.
This petition under Article 227 of the Constitution of India has been filed by petitioner seeking a direction to the Civil Judge (S.D.)/F.T.C., Allahabad to decide the Suit No.411 of 2019 (Atul Kumar Jaiswal Vs. Krishna Kumar Jaiswal and others), within a stipulated time period.
It is submitted by learned counsel for petitioner that plaintiff-respondent no.1 had filed a suit for partition on 10.5.2019 and the defendant-petitioner has put in appearance before the court below and filed his written statement. It is further submitted that on account of delaying tactics adopted by plaintiff-respondent no.1 the suit could not be proceeded and is pending since 2019.
Considering the facts and circumstances of the case and without commenting on the merits of the case, learned Civil Judge (S.D.)/F.T.C., Allahabad is directed to decide the Suit No.411 of 2019 (Atul Kumar Jaiswal Vs. Krishna Kumar Jaiswal and others), expeditiously in accordance with law after affording reasonable opportunities of hearing to the parties concerned, without granting undue adjournments to either of the parties, unless there is any legal impediment.
With the aforesaid directions, the petition is disposed of.
Order Date :- 10.8.2022 Kpy