Allahabad High Court
Ram Sharan vs Civil Judge (Senior Division) Mainpuri ... on 7 January, 2020
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 83 Case :- MATTERS UNDER ARTICLE 227 No. - 22 of 2020 Petitioner :- Ram Sharan Respondent :- Civil Judge (Senior Division) Mainpuri And 8 Others Counsel for Petitioner :- Rajneesh Tripathi Hon'ble Ajay Bhanot,J.
Learned counsel for the petitioner Sri Rajneesh Tripathi contends that a compromise between the parties to the Original Suit No. 55 of 2015, Raghuraj Singh and Others Vs. Vijay Pal Singh and Others, has been filed before the learned Civil Judge (Senior Division)/F.T.C., Mainpuri on 15.12.2017. Parties to the suit pray that the suit may be decreed in terms of the said compromise. There is no reason to keep the matter pending for such an inordinately long time after the parties to the suit have submitted a compromise before the learned trial court.
In such view of the matter, the following directions are issued to the learned Civil Judge (Senior Division)/F.T.C., Mainpuri:
I. The learned Civil Judge (Senior Division)/F.T.C., Mainpuri is directed to decide the application for compromise filed by the parties to the Original Suit No. 55 of 2015, Raghuraj Singh and Others Vs. Vijay Pal Singh and Others, within a period of six months from the date of receipt of a certified copy of this order.
II. The parties to the suit are directed to cooperate with the proceedings before the learned Civil Judge (Senior Division)/F.T.C., Mainpuri or before whom the application for compromise to the Original Suit No. 55 of 2015, Raghuraj Singh and Others Vs. Vijay Pal Singh and Others, is pending.
III. The learned Civil Judge (Senior Division)/F.T.C., Mainpuri, shall not grant any unnecessary adjournment to the parties. In case an adjournment is granted in the paramount interest of justice, the trial court shall impose costs not below Rs. 5,000/- for each adjournment upon the party seeking adjournment. The costs will be payable to the other party.
IV. The learned Civil Judge (Senior Division)/F.T.C., Mainpuri, shall proceed on day to day basis with the trial of the suit to ensure strict adherence to the time-limit of six months to decide the compromise application filed by the parties to the suit in accordance with law.
With the aforesaid direction, the writ petition is finally disposed of.
Order Date :- 7.1.2020 Dhananjai