Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 3859 of 2021 Petitioner :- Bhagwan Das And Another Respondent :- Israr Ullah And 6 Others Counsel for Petitioner :- Sanjay Kumar Srivastava
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioners and perused the record.
By means of this writ petition under Article 227 of the Constitution, the petitioners have prayed for following relief:-
"(i) Issue order, or suitable direction to summon the lower court record and learned trial court/ learned Civil Judge (S.D.) Kanpur Nagar may consider and decide the original suit no. 238 of 1987 (Israr ullah Vs. Bhagwan Das) expeditiously within stipulated time as fixed by this Hon'ble Court."
It is contended on behalf of the petitioners that the suit proceedings are unnecessary delayed in spite of issues framed already in the case.
Considering the facts and circumstances of the case and pleadings raised, this petition is disposed of with a direction to the court concerned to consider and decide the aforesaid "Original Suit No. 238 of 1987 (Israr Ullah Versus Bhagwan Das)" strictly in accordance with law and after recording satisfaction regarding service of summons and after giving full opportunity of hearing to all the parties concerned, as expeditiously as possible preferably within a period of eighteen months from the date of production of copy of this order.
However, 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 defendant 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 is directed that the plaintiff would conclude their evidence within six months and thereafter defendants would also conclude their evidence in next six months and both the parties will cooperate with suit proceeding without seeking unnecessary adjournments.
It is clarified that the procedure prescribed for deciding such suit, shall be religiously complied with and priority shall be fixed in the order in which other pending suits, if any, have been expedited by this Court in the past.
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.
It is provided that a copy of the order available on the official website of the High Court will be taken to be authentic one.
Order Date :- 12.8.2021 IrfanUddin