Allahabad High Court
Mohd. Iman vs Civil Judge (S.D.) Kunda Distt. ... on 7 November, 2019
Author: Rajan Roy
Bench: Rajan Roy
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 7 Case :- MISC. SINGLE No. - 30546 of 2019 Petitioner :- Mohd. Iman Respondent :- Civil Judge (S.D.) Kunda Distt. Pratapgarh And Ors. Counsel for Petitioner :- Mohammad Aslam Khan Hon'ble Rajan Roy,J.
Heard learned counsel for the petitioner and learned Addl. Chief Standing Counsel for the State.
Considering the order proposed to be passed issuance of notice to opposite party no.2 and 3 is dispensed with, as they would also be interested in expeditious disposal of the proceedings.
The petitioner herein seeks expeditious disposal of the Original Suit No.140 of 2018, Mohd. Iman v. Rizwan & ors., which is said to have been filed on 22.2.2018.
The said case has been filed in the year 2018. As far as expeditious disposal is concerned, the proceedings are of recent origin. The details as to the number of the cases of the said year and the earlier years which are pending in the said Court have not been disclosed, therefore, no specific direction with time-schedule can be issued. Needless to say that the concerned Court shall make an earnest endeavour to dispose of the proceedings (Original Suit No.140 of 2018, Mohd. Iman v. Rizwan & ors.) as early as possible. If the suit proceedings are not decided within one year, it shall be open for the petitioner to approach this Court again.
As regards the contention of Sri Khan, learned counsel for the petitioner that the examination in chief of P.W.1 has taken place, but the defendants are not cross-examining him. It is for the Court below to ensure that the proceedings are undertaken as per the procedure prescribed and procrastination is not permitted by any of the parties in this case.
With the observations/directions the petition is disposed off.
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(Rajan Roy, J.) Order Date :- 7.11.2019 A.Nigam