Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 4598 of 2021 Petitioner :- Durga Datt Singh Respondent :- Asha And 2 Others Counsel for Petitioner :- Amit Kumar Asthana
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner and perused the record.
By means of this writ petition under Article 227 of the Constitution, the petitioner has prayed for following relief:-
"(i) Issue an order or direction directing for expeditious disposal of the Original Suit No. 944 of 1997 (Asha & others v. Ramesh Singh & others) pending in the court of Civil Judge (J.D.) court No. 15 Azamgarh within the time bound period as directed by this Hon'ble Court. (Annexure No. 02 to this Misc. Petition)"
Since the suit is of the year 1997, the prayer for its expeditious disposal in a time bound period appears to be genuine. It is submitted by learned counsel for the petitioner that issues have already been framed.
In such above view of the matter, this petition is disposed of with following directions:
(a) The plaintiff shall conclude his evidence within period of three months and defendant thereafter shall also conclude their evidence, as is undertaken before the Court by the defendant petitioner's counsel within next three months;
(b) After the evidence is conclude by both the plaintiff and defendants, the trial court shall proceed to do final hearing and decide the suit within a further period of six months.
It is further provided that the trial court shall abide by the procedure prescribed for hearing and disposal of the suit quite religiously. However, it is provided that the trial court shall fix priority in the hearing of suit in question in the order of preference in which other suits might have been expedited by this court in the past and to that extent time frame provided by this Court hereinabove, will only be directory.
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.
Order available on the official website of the High Court will be taken to be authentic one.
Order Date :- 27.9.2021 Kuldeep