Allahabad High Court
Meenakshi Srivastava vs Smt Rama Shukla And 2 Others on 9 April, 2024
Author: Ajit Kumar
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:62273 Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 4354 of 2024 Petitioner :- Meenakshi Srivastava Respondent :- Smt Rama Shukla And 2 Others Counsel for Petitioner :- Ravi Prakash Hon'ble Ajit Kumar,J.
1. Heard learned counsel for the petitioner and perused the record.
2. By means of this petition filed under Article 227 of the Constitution, petitioner wants expeditious disposal of Original Suit No. 132 of 2019 titled as Smt. Meenakshi Srivastava Vs. Ramashukla and others, filed for permanent prohibitory injunction, pending before Civil Judge (S.D.), Varanasi.
3. It transpires from the record that though the written statement and counter claim have been filed by the defendants in the suit but no issues have been framed thereafter, and the matter is continuing at the stage of interim injunction.
4. In the given facts and circumstances of the case, provided of course there is no technical difficulty in disposal of the suit and there is no stay order passed by any court of law operating in respect of the suit proceedings, this Court considers it appropriate to direct for disposal of the suit in following manner:
A) The court concerned shall ensure to frame issues within a period of 60 days from the date of production of certified copy of this order.
B) After the issues are framed, the plaintiff shall conclude his evidence within a further period of three months and the defendants shall cooperate in recording of evidence of plaintiff within the time prescribed by this Court without seeking any unnecessary adjournment and every such adjournment should be visited with the cost, as may be assessed reasonable and appropriate by the court concerned.
C) After evidence of plaintiff is concluded, the Court will proceed to record evidence of the defendants and defendants shall conclude their evidence within the next three months' time and plaintiff shall cooperate in conclusion of the evidence of the defendants within the time prescribed by this Court without seeking any unnecessary adjournment and every such adjournment should be visited with the cost, as may be assessed reasonable and appropriate by the court concerned; and D) Soon after the conclusion of evidence by the respective parties to the suit, the trial court shall proceed to decide the suit as expeditiously as possible, however in the order of other expedited suits, if pending before it.
4. It is, however, clarified that in the event trial court is not able to decide the suit for any technical reason, such delay in disposal of the suit and pendency thereof shall ordinarily not be a ground sufficient enough to fasten the officer concerned with any personal liability of contempt.
5. With the aforesaid observations and directions, this petition stands disposed of.
Order Date :- 9.4.2024 K.K.Tiwari