Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 403 of 2019 Petitioner :- Alok Kumar Mishra Respondent :- Sanjeev Mishra And 2 Others Counsel for Petitioner :- Rakesh Kumar Upadhyay
Hon'ble Mrs. Sunita Agarwal,J.
Certified copy of the order sheet filed today is taken on record.
The prayer made in the present petition is to issue direction to the court below to decide the Original Suit No.894 of 2016 (Alok Kumar Mishra v. Sanjeev Mishra and Ors.) within stipulated period.
A Division Bench of this Court in the case of Ali Shad Usmani & others Vs. Ali Isteba & others reported in 2015 (2) ADJ 250 (DB) has held that this Court shall not ordinarily issue direction to the trial court to decide the suit in a time bound manner as it creates additional work in the trial court when oldest suits are pending.
Considering the aforesaid judgement of Division Bench of this Court, it is found that no case is made out to issue a direction to the court below, at this stage. However, it is expected that the court below shall make an endeavour to decide the Original Suit No.894 of 2016 (Alok Kumar Mishra v. Sanjeev Mishra and Ors.), as expeditiously as possible.
The present petition is, accordingly, disposed of. Order Date :- 28.2.2019 Jyotsana