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Allahabad High Court

Ram Prakash Tiwari vs Gyan Prakash Tiwari on 23 February, 2023

Author: Ajit Kumar

Bench: Ajit Kumar





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 1958 of 2023
 

 
Petitioner :- Ram Prakash Tiwari
 
Respondent :- Gyan Prakash Tiwari
 
Counsel for Petitioner :- Imtiyaj Ali
 

 
Hon'ble Ajit Kumar,J.
 

Heard learned counsel for the petitioner and perused the record.

By means of this petition filed under Article 227 of the Constitution, the petitioner has prayed for expeditious disposal of 6C application of the petitioner filed in Original Suit No.- 77 of 2020, pending before the court of Civil Judge (S.D.), Bhadohi.

Considering overall facts and circumstances of the case, this petition is disposed of with a direction to the court concerned to decide the aforesaid 6C application of the petitioner, strictly in accordance with law and after recording satisfaction regarding service of summons and giving full opportunity of hearing to the appearing parties, as expeditiously as possible preferably within a period of three months from the date of production of certified copy of this order.

It is clarified that in the event, this order could not be carried out within the time frame fixed, for any technical reason, then for such delay in disposal of the suit and pendency thereof itself shall ordinarily not be a ground sufficient enough to fasten the authority concerned with any personal liability of contempt.

Order Date :- 23.2.2023 Atmesh