Allahabad High Court
Rajendra Kumar Rastogi vs Learned Judge Small Causes Court, Lko. ... on 1 March, 2023
Author: Manish Mathur
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 21 Case :- MATTERS UNDER ARTICLE 227 No. - 1041 of 2023 Petitioner :- Rajendra Kumar Rastogi Respondent :- Learned Judge Small Causes Court, Lko. And Another Counsel for Petitioner :- Prashant Shukla Hon'ble Manish Mathur,J.
Heard learned counsel for petitioner.
In view of order being proposed to be passed, notices to opposite parties stand dispensed with.
Petition under Article 227 of the Constitution of India has been filed seeking a direction to the court concerned for expeditious disposal of SCC Suit No.86 of 2016 filed by petitioner for arrears of rent and ejectment.
Learned counsel for petitioner submits that initially the aforesaid suit was decreed ex parte vide judgment and order dated 08.03.2017 whereafter recall application was filed and was allowed granting time to defendants to file their written statement and lead evidence. It is submitted that in pursuance thereof, the written statement has been filed and the proceedings at present are at the stage of plaintiff-evidence particularly cross-examination but only general dates are being allocated in the matter due to cross-examination not being done by the defendants who are merely intend upon delaying the proceedings and as such necessary directions are required to be issued.
Considering submissions advanced by learned counsel for petitioner and bearing in mind that SCC Suit proceeding being summary in nature are pending consideration for the past about seven years.
In such circumstances, opposite party no.1 i.e. Learned Judge Small Causes Court, Lucknow is directed to decide SCC Suit No.86 of 2016; Rajendra Kumar Rastogi versus Smt. Amita Rastogi expeditiously, preferably within a period of eight months from the date a certified copy of this order is brought on record of proceedings without granting any undue adjournment to either parties and in case there is no other legal impediment.
Benefit of this order shall be available only in case petitioner cooperates in early conclusion of the application/trial.
With the aforesaid direction, the petition stands disposed of.
Order Date :- 1.3.2023 Subodh/-