This petition was finally disposed of by this Court on 13.04.2016 with the direction to the learned trial court to expedite the proceedings of Suit No. 239 of 1990; Bhaggan and another vs Ramu Singh and conclude the same within a period of eighteen months.
Now, through District Judge, Balrampur a letter has been received by this Court wherein learned Civil Judge (J.D.), Balrampur has stated that the matter is being listed every week and all endeavours are being made to decide the case on priority basis, however, some more time is needed for final disposal of the aforementioned Suit. The said letter is dated 04.12.2018 and since then about 33 months' time has elapsed, however, learned counsel for the petitioner, Sri Mohd. Tabrez Iqbal informs the Court that the Suit pending before the learned trial court has still not been decided.
More than five years have elapsed since the order on 13.04.2016 was passed requiring the learned trial court to decide the Suit. Eighteen months period for disposal of Suit is perhaps sufficient time where Suit itself has been pending since the year 1990. Non-disposal of the Suit cannot be thus appreciated.
We request Sri Gaurav Mehrotra, learned counsel for district judiciary before this Court to seek instructions from District Judge Balrampur in this regard. In the meantime, learned trial court where the Suit is pending is directed to expedite the proceedings of the Suit and conclude the same at the earliest.
It is further directed that no unnecessary adjournment shall be permissible to the parties to the Suit.
List this case on 22.10.2021, on which date, Sri Gaurav Mehrotra shall furnish a report to the Court to be obtained from the District Judge, Balrampur as to what was the impediment in disposal of the Suit.
When the case is next listed, the name of Sri Gaurav Mehrotra shall also be shown in the cause list.
Office is directed to furnish certified copy of this order upon Sri Gaurav Mehrotra, Advocate free of charge, forthwith.
Order Date :- 17.9.2021 Sanjay