Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 5908 of 2021 Petitioner :- Jawaharlal Maurya Respondent :- Kamla Prasad And Another Counsel for Petitioner :- Nandini Mishra,Ashish Kumar Pandey
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner.
In view of the order proposed to be passed, notices need not go to the respondents.
The petitioner has preferred the present petition under Article 227 of the Constitution of India inter-alia with the prayer to direct the Civil Judge (Junior Division), Shahar Jaunpur to decide the application under Order I Rule 12(2) of C.P.C. filed in Original Suit No.400 of 2020 (Kamla Prasad and another Vs. Sochan and others) expeditiously.
It is contended by learned counsel for the petitioner that the matter is pending since long and various dates were fixed, till date no final decision has been taken. He further argued that due to pendency of the aforesaid case, the petitioner is suffering from irreparable loss and prays for expeditious disposal.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the court below to consider and decide the aforesaid application in accordance with law expeditiously but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties, if there is no legal impediment.
Order Date :- 28.10.2021 saqlain Digitally signed by PRAKASH PADIA Date: 2021.11.02 09:35:22 IST Reason: Document Owner Location: High Court of Judicature at Allahabad