Court No. - 13
Case :- MATTERS UNDER ARTICLE 227 No. - 3127 of 2019 Petitioner :- Babloo @ Anurag Verma Respondent :- Smt. Munni Devi And Another Counsel for Petitioner :- Dharmendra Kumar Pandey
Hon'ble Saurabh Shyam Shamshery,J.
Sri D.K.Pandey learned counsel for the petitioner submits that the petitioner is one of the defendants in suit no 169 of 1996 (Smt Munni Devi Vs Gulab Chand) which is pending in the court of Civil Judge (SD) Mirzapur. It is submitted that the petitioner is aggrieved on account of prolonged pendency of the said suit which is protracting since 1996 and prays that the said suit be decided expeditiously.
The learned counsel for the petitioner submits that in the said suit, temporary injunction was granted way back on 14.11.1996. However, at present, the suit is stuck at the stage of recording of evidence.
The learned counsel, in order to substantiate his arguments has taken the Court to the order sheet which is annexed as Annexure 3 to the petition with a view to showing that the suit is proceeding at a snail's pace. The learned counsel submits that it is a case where the fundamental right of the petitioner for speedy and fair trial has been violated.
Considered the submissions made across the bar and perused the record.
In the light of the judgement of the Supreme Court.M/S Shiv Cotex Vs Tirgun Auto Plast P. Ltd andothers 2011 (89) ALR 232, it is directed that the trial court shall decide the suit expeditiously within a period not exceeding six months from the date of production of a certified copy of this order. It may be noted that the trial court shall not grant any unnecessary adjournments and the case will be heard on date to date.
Accordingly the petition is disposed of in terms of the above direction.
Order Date :- 26.4.2019 MH