Heard Ms. Pooja Agarwal, Advocate, learned counsel appearing on behalf of petitioner.
The petitioner has preferred the present petition Under Article 227 of the Constitution of India inter-alia with the following prayer:-
"(a) to issue an order or direction to the Additional Civil Judge (Senior Division), Fast Track Court, Allahabad to expeditiously decide the Original Suit No. 95 of 2004 Ajai Narain Agarwal & Others vs. Shri Ram Nath Upadhayay & Others pending before him in terms of Order dated 28.01.2021 passed by the Hon'ble Court in Matter under Article 227 No. 383 of 2021 Ajai Narain Agarwal and Others vs. Amar Singh Kushwaha And Others (Annexure No. 4 to this petition).
It appears from perusal of the record that earlier a petition Matter Under Article 227 No. 10112 of 2016 (Ajai Narain Agarwal vs. Additional Civil Judge (S.D.) and 9 Others) was filed by the present petitioner which was disposed of by the Co-ordinate Bench of this Court vide order dated 23.12.2016. It is argued that inspite of the same till date no final decision has been taken by the trial Court in the pending suit.
Counsel for the petitioner also relied upon the judgment of this Court passed in Matter Under Article 227 No. 1885 of 2012 (Ajai Narain Agarwal And Others vs. Civil Judge (S.D.), Allahabad). The aforesaid petition was finally decided by the Co-ordinate Bench of this Court vide judgment and order dated 11.10.2012. An operative portion of the aforesaid judgment is reproduced below:-
"However, in the facts and circumstances of the present case, it is now expected that the Presiding Officer would proceed with the disposal of the suit as directed by the prevision orders of this Court expeditiously and to complete the trial within a period of next four months.
District Judge to ensure compliance of it and to report as soon as the matter is adjudicated.
Petition is disposed of with the above direction."
In the facts and circumstances of the case, a prayer has been made by the counsel for the petitioner to direct the court below to decide the present petition as directed by this Court in the case of Ajai Narain (Supra).
Heard counsel for the parties and perused the record.
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 concerned court below to consider and decide the aforesaid suit in accordance with law expeditiously and preferably within a period of four months from the date of production of self attested computer generated copy of this order downloaded from the official website of High Court Allahabad 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 :- 10.2.2021 Pramod Tripathi