Court No. - 26
Case :- MATTERS UNDER ARTICLE 227 No. - 3129 of 2019 Petitioner :- Amzad Ali And Another Respondent :- Civil Judge (J.D.) Gorakhpur And 12 Others Counsel for Petitioner :- Pankaj Kumar Mishra
Hon'ble Saurabh Shyam Shamshery,J.
Sri Pankaj Kumar Mishra, learned counsel for the petitioners submits that the petitioners are defendants in suit no 493 of 2009 (Mumtaz Vs Amjad Ali and others) pending in the court of Civil Judge (J.D) Gorakhpur.
The learned counsel on the basis of the order sheet which is annexed as Annexure 2 to the petition submits that the plaintiff in order to prolong the suit has filed a frivolous application which is protracting the disposal of the suit. The petitioners/Defendants has already filed written statement way back in the year 2009.
Considered the submissions and perused the record.
In view of the judgment of Supreme Court in M/S Shiv Cotex Vs Tirgun Auto Plast P Ltd and others 2011 (89) ALR 232, the trial court is directed to decide the suit expeditiously preferably within a period of one year from today. The court below shall ensure that no unnecessary adjournments are granted in the matter.
The petition is disposed of in terms of the above directions.
Order Date :- 25.4.2019 MH