Allahabad High Court
Shailendra Kumar Mishra vs Civil Judge(Junior ... on 22 January, 2021
Author: Abdul Moin
Bench: Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 19 Case :- MISC. SINGLE No. - 1310 of 2021 Petitioner :- Shailendra Kumar Mishra Respondent :- Civil Judge(Junior Div.),District-Ambedkar Nagar & Ors. Counsel for Petitioner :- Nijam Ahamad Hon'ble Abdul Moin,J.
Heard.
The defect no.1, as has been noted, has been removed.
Taking into consideration the order proposed to be passed there is no requirement to remove defect no.2 and no notice is required to be issued to private respondents.
By means of the present petition, the petitioner has prayed for a writ of mandamus commanding the respondent no.1, i.e. Civil Judge (Junior Division), Ambedkar Nagar to expeditiously decide the Original Suit No.363 of 2017 in re: Ram Karan Mishra Vs. Ram Shankar Mishra & others, pending since 2017.
The Court is not inclined to issue directions in a matter such as the present merely because a party has moved this Court under Article 227 of the Constitution to direct the concerned court to decide the pending suit overriding several cases which are equally pressing and are pending, by granting priority to a particular case.
The fact that a particular case requires urgent disposal is to be considered by the concerned court itself.
Accordingly, the writ petition is disposed of permitting the petitioner to move an application before the concerned court pointing out the grounds of urgency. In the event, the petitioner does so, the concerned court may consider whether the case should be expedited having regard to the urgency of the case.
There shall be no order as to costs.
Order Date :- 22.1.2021 Anand Sri./-