Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 3338 of 2021 Petitioner :- Indradev Gupta Respondent :- Dayanand Prasad And 6 Others Counsel for Petitioner :- Iqbal Ahmad
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. an order or direction of suitable nature, directing the respondent no.6/Trial Court/Civil Judge (Senior Division), Chandauli to decide the Original Suit No.48 of 2001 (Indradev Gupta Vs. Dayanand Prasad and others) in a shortest time fixed by this Hon'ble Court.
II. an order or direction of suitable nature, directing the respondent no.7/District Judge, District Chandauli to pass a suitable order for construction of the burnt record of the Original Suit No.48 of 2001 (Indradev Gupta Vs. Dayanand Prasad and others) including its order sheet from 28.5.2001 to 19.5.2020."
Accordingly, the writ petition is disposed of with a direction to the court concerned to conclude the hearing of the aforesaid case bearing Original Suit No.48 of 2001 (Indradev Gupta Vs. Dayanand Prasad and others) and decide the same, strictly in accordance with law and after recording satisfaction regarding service of summons and giving full opportunity of hearing to all the contesting parties, as expeditiously as possible preferably within a period of eighteen months from the date of production of copy of this order.
It is clarified that the procedure prescribed for deciding such suit, shall be religiously complied with and priority shall be fixed in the order in which other pending suits, if any, have been expedited by this Court in the past.
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 of SARS COV-2/ Covid 19 resulting in the suspension of public movement and/ or judicial work in the district concerned.
It is provided that a copy of the order available on the official website of the High Court will be taken to be authentic one.
Order Date :- 27.7.2021 Shahroz