Allahabad High Court
Smt. Ram Janki (Since Deceased) And ... vs Sri. Chunni Lal (Since Deceased) And 3 ... on 13 October, 2022
Author: Ajit Kumar
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 8940 of 2022 Petitioner :- Smt. Ram Janki (Since Deceased) And Another Respondent :- Sri. Chunni Lal (Since Deceased) And 3 Others Counsel for Petitioner :- Upendra Kumar Tiwari Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner and perused the record.
By means of this writ petition under Article 227 of the Constitution, the petitioner has prayed for following relief:-
"(a) to direct the court below i.e. Additional Civil Judge (Senior Division)-III, Kanpur Nagar to decide Rent Case No. 22 of 2003 (Smt. Ram Janki and Other v. Sri Chunni Lal) within stipulated period as fixed by this Court."
Be that as it may, since release application is of the year 2003 under Section 21 (1) (a) of the Act No. - 13 of 1972 and the respondent has already stood served with summons, and the matter is at the stage of arguments, the matter is expedited.
Accordingly, this petition stands disposed of with a direction to the prescribed authority to proceed to decide the matter strictly in accordance with law after giving full opportunity of hearing to the parties concerned within a period of three months from the date of receipt of certified copy of this order.
It is further provided that the trial court shall abide by the procedure prescribed for hearing and disposal of the P.A. case quite religiously. However, it is provided that the trial court shall fix priority in the hearing of case in question in the order of preference in which other such cases might have been expedited by this court in the past and to that extent time frame provided by this Court hereinabove, will only be directory.
However, if for any technical reason and unavoidable circumstances the aforesaid order is not complied with in a sense that the case does not get disposed of within time framed by this Court, such delay will not by itself hold the Presiding Judge personally liable for any contempt of this Court.
Order Date :- 13.10.2022 Sanjeev