Court No. - 9
Case :- WRIT - C No. - 24184 of 2019 Petitioner :- Arjun Respondent :- State Of U.P. And 13 Others Counsel for Petitioner :- Kashi Nath Singh Yadav Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and Shri Manoj Kumar Yadav for the Gaon Sabha as also learned Standing counsel for the State-respondents.
The petition has been filed seeking the following relief-
"i) issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to decide the Suit No.T201814290400159 (Arjun Vs. Sanjay and others), under Section 116 of U.P. Revenue Code, 2006 within stipulated and reasonable period within stipulated and reasonable period."
It is stated that the partition suit filed by the petitioner in the year 2018 has not been decided till date. Although, the opposite parties have not been served by publication.
Perusal of the order sheet reveals that the matter is regularly being adjourned on the ground of Lawyers being on strike.
Under the circumstances, I do not see any justification to issue any direction for the disposal of a suit in a time bound manner as there is no fault on the part of the Court concerned.
The writ petition is disposed of with a direction to the Trial Court to endeavour to decide the suit as expeditiously as possible.
It is provided that in case the lawyers continue to be on strike, this direction need not be complied with.
Order Date :- 25.7.2019 RKM