Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5197 of 2018
Petitioner :- Chhaya Devi (Since Deciesed) And 2 Others
Respondent :- Manish Tiwari @ Rinku Tiwari And 3 Others
Counsel for Petitioner :- Suresh Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners.
The petitioners have approached this Court to expedite and decide the Original Suit No.96/2008 (Manish Tiwari vs. Chhaya Devi) pending before learned Civil Judge (Senior Division), Fatehpur.
In view of the order proposed to be passed, notices need not to be issued to the private respondent.
In view of the decision in the case of Km. Shobha Bose Vs. Judge Small Causes Court 2010 (1) ADJ 531 (DB), it is not proper to issue any positive direction for time bound disposal of any proceedings without ascertaining the position of the workload in the court concern and in the absence of any allegation that the court below is responsible for the delay.
Considering the above, this petition stands disposed of with the direction upon the Court concerned to adjudicate the pending Original Suit No.96/2008 (Manish Tiwari vs. Chhaya Devi), in accordance with law, as expeditiously as possible without granting unnecessary adjournment to either of the parties, except upon payment of cost.
Order Date :- 31.7.2018
A. Pandey