Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 6683 of 2018 Petitioner :- Govind Kumar Garg Respondent :- Ved Prakash Singhal And 9 Others Counsel for Petitioner :- Kamlesh Kumar Tiwari
Hon'ble Mahesh Chandra Tripathi,J.
The amendment application is allowed. Let necessary amendment be carried out forthwith.
Heard learned counsel for the defendant-petitioner.
In view of the order, which is proposed to be passed, notices need not go to the private respondents.
The petitioner is before this Court with request to issue direction to the Additional Civil Judge (Senior Division), Court No.5, Agra to decide the issue nos.3 and 4 regarding valuation of Original Suit No.491 of 2011 (Ved Prakash Singhal and others vs. Smt. Munni Devi and others) and deficiency of court fee, within stipulated time.
Learned counsel for the petitioner states that the plaintiffs- respondents filed the aforesaid suit for declaration as well as permanent injunction. The petitioner as well as other proforma respondents before the Court below and filed written statement denying the allegation made by the plaintiffs-respondents. The trial court framed 12 issues on 18.5.2017 out of which issue nos.3 and 4 related to valuation of the suit and the court fee but till today these two issues have not been decided by the Court below.
Considering the above, this petition stands disposed of with the direction upon the Court concerned to first decide the issue nos.3 and 4, in accordance with law, as expeditiously as possible and preferably within three months from the date of production of certified copy of this order, and thereafter it will proceed on the merits of the case.
Order Date :- 19.9.2018 RKP