Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5119 of 2018 Petitioner :- Smt. Aneesa Begum Respondent :- Sarfuddin And 3 Others Counsel for Petitioner :- Lalit Kumar
Hon'ble Mahesh Chandra Tripathi,J.
Heard Sri Lalit Kumar, learned counsel for the plaintiff-petitioner.
Plaintiff-petitioner is before this Court with a prayer to expedite the proceedings of Original Suit No. 710 of 2004 (Smt. Aneesa Begum Vs. Sarfuddin and others) pending before Civil Judge (Sr. Div.) Moradabad.
In view of the order proposed to be passed, notices need not to be issued to the defendants- respondents.
Learned counsel for the plaintiff-petitioner submits that the aforesaid suit is being preferred against the defendants-respondents in which injunction order has been accorded by the trial court on 18.11.2004. Once, the defendants- respondents had flouted the injunction order, the plaintiff-petitioner had no other option except to move an application under Order 39 Rule 2 C.P.C. in which the notices have already been issued. It has also been informed that the written statement has been filed by the defendants-respondents way back in the year 2010 and the evidence of the plaintiff has also been closed but the defendants- respondents have been continuously indulged themselves in delaying disposal of the case. Hence, this writ petition.
In the facts and circumstances, without adverting on the merits of the case, the writ petition stands disposed of asking the trial court to decide, firstly, the application under Order 39 Rule 2 C.P.C., 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. Thereafter, the Court concerned will proceed to expedite the proceeding of aforesaid Suit and conclude the same, in accordance with law, as expeditiously as possible and preferably further within one year, without granting unnecessary adjournment to either of the parties, except upon payment of cost.
Order Date :- 30.7.2018/A.K.Srivastava