Allahabad High Court
Babu Ram vs Ramakant on 16 April, 2024
Author: Ajit Kumar
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:66017 Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 3379 of 2024 Petitioner :- Babu Ram Respondent :- Ramakant Counsel for Petitioner :- Rajendra Kumar Ojha Hon'ble Ajit Kumar,J.
Heard learned counsel for the plaintiff/ petitioner.
By means of this petition filed under Article 227 of the Constitution, the petitioner wants expeditious disposal of Case No. 1125 of 2005, Baburam Vs. Ramakant instituted for cancellation of sale deed, pending in the court of Civil Judge (Junior Division), Mohammadabad, Gohna, District Mau It is submitted by learned counsel for the petitioner that after the exchange of pleadings issues have been framed and now the suit is at the stage of recording of evidence.
In the given facts and circumstances of the case, provided of course, there is no technical difficulty in disposal of the suit and there is no stay order, passed by any court of law, operating in respect of the suit proceedings, this Court considers it appropriate to direct for disposal of the suit in following manner:
A). Plaintiff shall conclude his evidence within a period of two months from the date of production of certified copy of this order and the defendants shall cooperate in recording of evidence of plaintiff within the time prescribed by this Court without seeking any unnecessary adjournment and every such adjournment should be visited with the cost, as may be assessed reasonable and appropriate by the court concerned;
B). After evidence of plaintiff is concluded, the Court will proceed to record evidence of the defendants and defendants shall concluded their evidence within the next two months' time and plaintiff shall cooperate in conclusion of the evidence of the defendants within the time prescribed by this Court without seeking any unnecessary adjournment and every such adjournment should be visited with the cost, as may be assessed reasonable and appropriate by the court concerned; and C). Soon after the conclusion of evidence by the respective parties to the suit, the trial court shall proceed to decide the suit as expeditiously as possible, however in the order of other expedited suits, if pending before it.
It is, however, clarified that in the event trial court is not able to decide the suit for any technical reason, such delay in disposal of the suit and pendency thereof shall ordinarily not be a ground sufficient enough to fasten the officer concerned with any personal liability of contempt.
With the aforesaid observations and directions, this petition stands disposed of.
Order Date :- 16.4.2024 IrfanUddin