Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 4889 of 2020 Petitioner :- Adhya Prasad Respondent :- Civil Judge And 4 Others Counsel for Petitioner :- Dilendra Pratap Singh
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner.
In view of the order proposed to be passed, notices need not go to the respondents .
The petitioner has preferred the present petition under Article 227 of the Constitution of India inter-alia with the prayer to direct the Civil Judge (Junior Division) Bansgaon, Gorakhpur to decide the Suit No.1073 of 2011 (Bhagwan Das Vs. Daya Ram and others) expeditiously.
It is contended by learned counsel for the petitioner that the petitioner is the defendant in the aforesaid suit and the aforesaid suit has been filed by the plaintiff/respondent No.2. It is argued that the matter is pending since long and various dates were fixed, till date no decision has been final taken. He further argued that due to pendency of the aforesaid case, the petitioner is suffering from irreparable loss and prays for expeditious disposal.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the court below to consider and decide the aforesaid case in accordance with law expeditiously but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties, if there is no legal impediment.
Order Date :- 7.10.2021/saqlain