Allahabad High Court
Vivek Agrawal vs The District And Sessions Judge Court ... on 16 February, 2023
Author: Manish Mathur
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 19 Case :- MATTERS UNDER ARTICLE 227 No. - 725 of 2023 Petitioner :- Vivek Agrawal Respondent :- The District And Sessions Judge Court No. 3 Sultanpur And 21 Others Counsel for Petitioner :- Kumar Jaikrit,Shrikant Mishra Hon'ble Manish Mathur,J.
Heard learned counsel for petitioner.
In view of order being passed, notice to opposite parties stands dispensed with.
Petition under Article 227 of the Constitution of India has been filed seeking a direction to the court concerned to expedite hearing of Civil Appeal No.30 of 2017 filed by petitioner under Section 96 of the Code of Civil Procedure against the judgment and decree dated 16.01.2012. It is submitted that initilly the first appeal was filed before this Court in view of pecuniary jursidiction and was subsequently transferred to the Court of District and Sessions Judge, Sultanpur where it is pending consideration for the past five years despite respondent having already put in appearance and having filed their objections, as such directions are required for expeditious disposal of appeal.
In view of submissions advanced by learned counsel for petitioner, the District and Sessions Judge, Court No.3, Sultanpur is directed to decide the Civil Appeal No.30 of 2017 (Vivek Agarwal & Anr. vs. Ram Dular Maurya & Ors.) expeditiously preferably within a period of six months from the date of a certified copy of this order is brought on record of the proceedings without granting any undue adjournment to either parties in case there is no 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 :- 16.2.2023 Saurabh Yadav/-