Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 5198 of 2021 Petitioner :- Indrajeet Respondent :- Kedar Nath And Another Counsel for Petitioner :- Gaurav Tiwari,Tanveer Zafar Khan
Hon'ble Ajit Kumar,J.
Heard learned counsel for the plaintiff-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 a suitable order or direction to the court of Additional Civil Judge (Junior Division), Kasya, District Kushi Nagar for expeditious disposal of the Original Suit No. 1741 of 2017 (Kedar Nath & another Vs. Usha Devi & others)."
Since the suit is of the year 2017, 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 till date even the issues have not been framed.
In such above view of the matter, this petition is disposed of with following directions:
(a). Within period of three months from the date of filing of copy of this order alongwith application before the trial court, the trial court shall frame issues considering the issues proposed by the rival parties, if any;
(b). The plaintiff as it is undertaken before the Court by learned counsel for the petitioner, shall concluded his evidence within period of three months and defendant thereafter shall also conclude his evidence, within next three months;
(c). After the evidence is concluded by both the plaintiff and defendants, the trial court shall proceed to do final hearing and decide the suit within a further period of three months; and
(d). In case if any miscellaneous application is pending under Order 7 Rule 11 of Code of Civil Procedure, 1908, the same should be considered and disposed of first. Likewise in case if counter claim is filed and any injunction application therein filed by the defendant and is pending then in such event the injunction application filed by the defendants if pressed, should be considered first and so far as the counter claim is concerned that should be heard and deciding alongwith the suit.
It is further provided that the trial curt 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.
The order available on the official website of the High Court will be taken to be authentic one.
Order Date :- 7.10.2021 IrfanUddin Digitally signed by AJIT KUMAR Date: 2021.10.08 18:26:36 IST Reason: Document Owner Location: High Court of Judicature at Allahabad