Court No. - 38
Case :- MATTERS UNDER ARTICLE 227 No. - 1378 of 2019 Petitioner :- Deepak Kumar Pal Respondent :- The Civil Judge Varanasi And 2 Others Counsel for Petitioner :- Manisha Chaturvedi
Hon'ble Jayant Banerji,J.
Heard Ms. Manisha Chaturvedi, learned counsel for the petitioner-defendant.
This writ petition has been filed for a direction to the Civil Judge (Junior Division)/F.T.C., Varanasi to expeditiously decide the pending application dated 7.7.2017 along with Original Suit No. 54 of 2009 filed by the petitioner-defendant.
It appears that the petitioner had earlier approached this Court by means of filing a case being Matter Under Article 227 No.- 5910 of 2015 (Deepak Kumar Pal Vs. Civil Judge and others) in which by means of the judgement and order dated 18.11.2015, this Court had directed the court concerned to expedite the proceedings of Case No. 54 of 2009 and conclude the same at the earliest in accordance with law.
It is nowhere stated in the writ petition that the order of this Court dated 18.11.2015 was filed before the court below. The application that has been enclosed as Annexure No. 6 to the affidavit is unsigned and undated and the postal receipt appearing at the foot of the application on page no. 138 of the affidavit shows that it was dispatched on 7.7.2017 to the District Judge (Civil), Varanasi. There is no averment in the petition that the petitioner had filed the order of the High Court before the court below by means of a proper application.
This petition has been filed for the apparent purpose of seeking enforcement of the order dated 18.11.2015 passed by this Court in the previous petition which cannot be permitted. This writ petition is, therefore, dismissed.
Office is directed to communicate the order passed today to the court below within 15 days.
Order Date :- 28.2.2019 A. V. Singh (Jayant Banerji,J.)