Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 3895 of 2021 Petitioner :- Jalaluddin Haider Respondent :- Ishtiyak Ahmad Khan Counsel for Petitioner :- A.C.Tiwari(Ac),Shyam Kishore Tripathi
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 order or direction, directing the court below i.e. Civil Judge (Senior Division)/ Fast Track Court, Varanasi to expedite the hearing of Suit No. 780/2006 (Jalaluddin Haider Vs. Ishtiyak Ahmad Khan) pending before the court below and to decide the same within time bound period fixed by the Hon'ble Court as early as possible without granting any unnecessary adjournments to either parties."
It is contended on behalf of the petitioner that the defendant has been avoiding to lead evidence and that is why in spite of earlier direction granted by this Court, the suit proceeding could not be expedited and concluded. It is further contended that petitioner shall conclude his evidence within a period of three months.
It is therefore, provided that in the event plaintiff concludes his evidence within a period of three months as stated before this Court and does not seek any adjournment the defendants should be given opportunity to lead evidence within next three months and thereafter, the court shall proceed to hear and decide the suit in next three months.
However, 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 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 (SARS COV- 2/COVID 19) resulting in the suspension of public movement and/or judicial working 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 :- 13.8.2021 IrfanUddin