Allahabad High Court
Ramesh Kumar Jaiswal vs Chhotey Lal Gupta And 2 Others on 20 December, 2023
Author: Ashutosh Srivastava
Bench: Ashutosh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:240769 Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12869 of 2023 Petitioner :- Ramesh Kumar Jaiswal Respondent :- Chhotey Lal Gupta And 2 Others Counsel for Petitioner :- Rajnish Dubey Hon'ble Ashutosh Srivastava,J.
1. Heard Shri Rajnish dubey, learned counsel for the petitioner.
2. Considering the nature of the order proposed to be passed notice upon the private respondents is hereby dispensed with.
3. Present petition, under Article 227 of the Constitution of India, has been filed seeking direction to the Civil Judge (Junior Division), Basgaon, District-Gorakhpur, to decide the Civil Suit No. 478 of 2004 (Chhote Lal Gupta vs. Sri Vijay Bahadur Singh and others, within the time stipulated by this Court.
4. Learned counsel for the petitioner submits that the Suit is pending consideration since the year 2004, and the purpose of filing present petition shall stands served if the appropriate directions are issued to the Civil Judge (Junior Division), Basgaon, District-Gorakhpur, to conclude and decide the Civil Suit pending since 2004, within the time frame fixed by this Court.
5. Considering the fact that the aforesaid Civil Suit, is pending consideration, before the Civil Judge (Junior Division), Basgaon, District-Gorakhpur, since 2004, this Court is also of the opinion that no useful purpose would be served by keeping the writ petition pending and the same is accordingly disposed off by requiring the Civil Judge (Junior Division), Basgaon, District-Gorakhpur, seized with the Civil Suit No. 478 of 2004 (Chhote Lal Gupta vs. Sri Vijay Bahadur Singh and others, to consider and decide the case expeditiously, preferably within a period of one year, from the date of production of certified copy of the order of this Court, strictly in accordance with law, without granting unnecessary adjournments to either of the parties, following the directions passed by Hon'ble Supreme Court in Civil Appeal No. 4296 of 2023 (Yashpal Jain versus Sushila Devi & others) decided on 20.10.2023, contained in Paragraph 2 of the operative part of the order.
Order Date :- 20.12.2023 Deepak/