Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 5755 of 2021 Petitioner :- Baijnath And Another Respondent :- Dharmraj Dubey And 10 Others Counsel for Petitioner :- Mahesh Kumar Dubey
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioners.
It is argued by the counsel for the petitioners that in the identical matter an order has already been passed by the Coordinate Bench of this Court on 27.10.2021 in Matter Under Article 227 No. 5814 of 2021 (Baijnath And Another Vs. Dharmraj Dubey And 6 Others). The order is reproduced below:-
Heard learned counsel for the plaintiffs-petitioners and perused the record.
By means of this petition under Article 227 of the Constitution, the petitioners have prayed for following relief:-
"(i) Direct the Civil Judge (Junior Division) Vth, Mirzapur to decide the suit No.- 845/2012 (Dharmraj and another v. Baijnath and others) pending before Civil Judge (Junior Division) Vth Mirzapur, within a stipulated period as fixed by this Hon'ble Court."
Since the suit is of the year 2012, the prayer for its expeditious disposal in a time bound period appears to be genuine.
In such above view of the matter, this petition is disposed of with following directions:-
(a). In the event issues have not been framed, the same shall be framed within a period of three months from the date of filing of copy of this order alongwith application before the trial court, the trial court shall frame issues considering the issues proposed by the rival parties, if any;
(b). The plaintiffs, as it is undertaken before the Court by learned counsel for the petitioner, shall concluded their evidence within period of six months from today or from the date of framing of issues whichever is later and defendants thereafter shall also conclude their evidence, within next six months;
(c). After the evidence is concluded by both the plaintiffs and defendants, the trial court shall proceed to do final hearing and decide the suit within a further period of six months; and
(d). In case if any miscellaneous application is pending under Order 7 Rule 11 of Code of Civil Procedure, 1908, the same should be considered and disposed of first. Likewise in case if counter claim is filed and any injunction application therein filed by the defendants and is pending then in such event the injunction application filed by the defendants if pressed, should be considered first and so far as the counter claim is concerned that should be heard and deciding alongwith the suit.
It is further provided that the trial curt shall abide by the procedure prescribed for hearing and disposal of the suit quite religiously. However, it is provided that the trial court shall fix priority in the hearing of suit in question in the order of preference in which other suits might have been expedited by this court in the past and to that extent time frame provided by this Court hereinabove, will only be directory.
It is further clarified that time frame provided for disposal of the case shall be deemed to be extended in the event concerned district is hit by another surge of pandemic (SARS COV-2/COVID 19) resulting in the suspension of public movement and/or judicial working in the district concerned.
The order available on the official website of the High Court will be taken to be authentic one.
In this view of the matter, the present petition is also disposed of in the same terms.
Order Date :- 28.10.2021 Swati