Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5027 of 2018 Petitioner :- Smt. Amar Shri And Another Respondent :- Lalla Singh And 5 Others Counsel for Petitioner :- Vijay Singh Sengar
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners and learned Standing Counsel.
In view of the order proposed to be passed, notices need not go to private respondents.
The plaintiff-petitioners are before this Court for a direction to sixth respondent to decide Original Suit No.140 of 2014 (Smt. Amar Shri & Anr. v. Lalla Singh & Ors.) within stipulated period. It is contended that suit in question is pending since 2014 but inspite of various indulgences granted to the defendant-respondents, they have not chosen to file any objection/ written statement in the matter and as such the court concerned may be directed that in case the written statement is not filed within reasonable time, the court below may proceed exparte against the defendant-respondents.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the issue, the writ petition stands disposed of finally with a direction to sixth respondent to consider and decide the aforesaid suit in accordance with law expeditiously but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties, except upon payment of cost. It is also provided that in case within reasonable time the defendant-respondents do not turn up in the matter, the court below would be at liberty to proceed exparte in the matter.
Order Date :- 26.7.2018 SP/