Court No. - 26
Case :- MATTERS UNDER ARTICLE 227 No. - 2783 of 2018 Petitioner :- Bharat Ji Agarwal Respondent :- Prescribe Authority Civil Judge (Sd) And 2 Others Counsel for Petitioner :- Ashish Kumar Srivastava
Hon'ble Mrs. Sangeeta Chandra,J.
This petition under Article 227 of the Constitution of India has been filed by the petitioner for a direction to the Prescribed Authority/learned Civil Judge, (Senior Division) Court No. 1, Varanasi to decide P.A. Case No. 53 of 2012 (Bharat Ji Agarwal vs Gopal Das and another) within a time bound manner as provided by this Court.
It has been submitted by the learned counsel for the petitioner that an application under section 21(1) (a) of the U.P. Act No. 13 of 1972 was filed by the landlord on 12.09.2012. After summons were issued and service was deemed sufficient, the tenant-respondent failed to appear on several occasions and the learned court below directed on 11.01.2013 to proceed exparte against him. Later on, the said order was recalled on 11.07.2013 and the matter was directed to be listed for filing of replication. Thereafter written statement and written statement etc. have all been filed and pleadings are completed, even the landlord's application for appointment of Advocate Commissioner has been disposed of and Advocate Commissioner's report is also on record, yet the matter is not taken up and decided on merits. The bona fide need of the landlord is for settlement of his son, who is married and has children and the tenant-respondent is enjoying the property in question for the past six years.
I have perused the order sheet. It appears that unnecessarily the matter is being lingered. On one occasion the matter was also directed to be referred to mediation, which failed apparently.
Accordingly, this petition is disposed of with a direction to the learned court below to decide the P.A. Case No. 53 of 2012 (Bharat Ji Agarwal vs Gopal Das and another) pending before the learned Civil Judge (Senior Division), Court No. 1 Varanasi, as expeditiously as possible, say within a period of six months from the date a certified copy of this order is produced before the court concerned, without giving any unnecessary adjournments to either of the parties.
Order Date :- 24.4.2018 Sazia