Allahabad High Court
Rajeev Kumar Srivastava vs Civil Judge ... on 31 October, 2019
Author: Manish Mathur
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 24 Case :- MISC. SINGLE No. - 28553 of 2019 Petitioner :- Rajeev Kumar Srivastava Respondent :- Civil Judge (J.D.),South,District-Sultanpur And Ors. Counsel for Petitioner :- Suresh Chandra Srivastava,Shakti Vikram Srivastava Hon'ble Manish Mathur,J.
Supplementary affidavit filed by learned counsel for petitioner is taken on record.
Heard Sri Suresh Chandra Srivastava learned counsel for petitioner.
In view of order being proposed to be passed, notices to opposite parties stands dispensed with.
Learned counsel for petitioner submits that petitioner's mother, namely, Smt. Saroj Rani had filed Regular Suit No.1097/2007 seeking permanent injunction against defendants/ opposite parties no.2 and 3. However, despite 12 years having passed during pendency of said suit, even issues have not yet been framed. Learned counsel for petitioner submits that the plaintiff is entitled to expeditious hearing of suit proceedings, particularly, when it pertains to relief such as permanent injunction and that such long pendency of suit proceedings without even framing of issues is not condusive in the interest of justice.
A perusal of order-sheet brought on record clearly indicates the fact that proceedings are pending for past 12 years without even issues having been framed. Only substitution applications have been decided or are still pending.
Considering the facts and circumstances of the case and prayer made by learned counsel for petitioner, Civil Judge (Junior Division) South, District Sultanpur is directed to expedite the hearing of Suit No.1097/2007 (Saroj Rani Vs. Pramod Kumar & Another) without granting undue adjournment to either parties. It is expected that issues to be framed and hearing take place expeditiously. In view of fact that as on date even issues have not yet been framed, no specific time frame is being indicated with the expectation that court concerned shall expedite the hearing.
In case, the hearing of suit is not expedited, petitioner/ plaintiff shall have a right to approach this Court again indicating the circumstances by way of fresh petition.
In view of aforesaid, the petition stands disposed of.
Order Date :- 31.10.2019 Subodh/-