Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5096 of 2018 Petitioner :- Smt. Anita Jaisawal Respondent :- Additional Civil Judge (Senior Division), Iind Jaunpur And 12 Others Counsel for Petitioner :- Dharmendra Kumar Tripathi
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the defendant-applicant.
In view of the order, which is proposed to be passed, notices need not go to the private respondents.
The applicant has approached this Court to expedite the proceedings of Original Suit No.966 of 2008 (Radhey Shyam and another vs. Madan Lal and others) pending before learned Additional Civil Judge (Senior Division)-II, Jaunpur.
Learned counsel for the defendant-petitioner apprises to the Court that earlier the petitioner had been before this Court by preferring Matters under Article 227 No.1976 of 2012 (Smt. Anita Jaiswal vs. the Civil Judge (S.D.) and others) for expediting the aforesaid suit and this Court had, by an order dated 8.10.2012 relying upon the judgement passed by the Division Bench of this Court in Ayodhya Sahai vs. District Judge, Jaunpur and others (1997) 3 UPLBEC 1677, disposed of the matter asking the Court concerned to decide the aforesaid suit within one year. Thereafter, the suit was dismissed for want of prosecution on 26.7.2016. The plaintiff- respondent had filed restoration application on 9.8.2016. The same was allowed and the matter was restored by the trial court on 22.12.2017. Inspite of the order of this Court dated 8.10.2012, the aforesaid suit could not be decided within stipulated time and the plaintiff-respondent is avoiding the proceeding of the aforesaid suit.
Considering the above, this petition stands disposed of with the direction upon the Court concerned to expedite the proceeding of pending Original Suit No.966 of 2008 (Radhey Shyam and another vs. Madan Lal and others) and conclude the same, in accordance with law, as expeditiously as possible and preferably within six months from the date of production of certified copy of this order, without granting unnecessary adjournment to either of the parties, except upon payment of cost.
Order Date :- 27.7.2018 RKP