Court No. - 47
Case :- MATTERS UNDER ARTICLE 227 No. - 3262 of 2019 Petitioner :- Bhullan Respondent :- Vipin Kumar And 5 Others Counsel for Petitioner :- Ramesh Singh Kushwaha,Amar Bahadur Maurya
Hon'ble J.J. Munir,J.
The petitioner had instituted Original Suit No. 16 of 2014 before the Civil Judge (Junior Division), Chandauli for relief of declaration that the registered gift deed dated 01.10.2012 be declared null and void and for a permanent injunction to the effect that the defendants be restrained from forcibly dispossessing the petitioner from the suit property, as detailed under foot of the plaint.
This petition Article 227 of the Constitution has been brought, seeking the following material reliefs:-
"A. Direct the Civil Judge Junior Division, Chandauli to decide the Original Suit No. 160 of 2014 (Bhullan vs. Vipin and others) which is pending before him expeditioulsy as possible as may be within a stipulated period.
B. Direct the parties to maintain status quo in respect of the nature and possession of the property in dispute till the final decision of the Original Suit No. 160 of 2014 (Bhullan vs. Vipin and others) by the trial court.
At the hearing of this petition, the petitioner confines relief to clause A (supra) and does not press relief clause B. The submission of the learned counsel for the petitiioner Sri R.S. Kushwaha is that the suit was instituted on 28.03.2018 and that the suit is drifting eventlessly for the past four years and more, with the defendant not putting in appearance, though the plaintiff-petitioner has taken steps repeatedly by registered post also, to serve the defendants.
This Court has has perused the order sheet of O.S. No. 160 of 2014 annexed as Annexure No. 2 to this petition. Indeed, this Court finds that the Trial Court is permitting proceedings to linger on and not exercising jurisdiction vested in it to deal with an absenting defendant. The Trial Court, that is to say, the Civil Judge (Junior Division), Chandauli before whom O.S. No. 160 of 2014 is pending, is ordered to expedite proceedings of the said suit and endeavour to decide the same within six months next in accordance with law.
This petition is disposed of in terms of the above orders.
Order Date :- 30.4.2019 BKM/-