Court No. - 33
Case :- MATTERS UNDER ARTICLE 227 No. - 7591 of 2021 Petitioner :- Kafia Khatoon And 4 Others Respondent :- Rahman And 9 Others Counsel for Petitioner :- Narendra Kumar Chaturvedi
Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for petitioners and perused the record.
The present petition has been filed by petitioners-plaintiffs seeking direction to court below to decide the Original Suit No.488 of 2007 (Gaisun Navi Vs. Abdul Rauf) pending in the court of Civil Judge (Junior Division), Court No.3, Gorakhpur within a stipulated period.
It is submitted by learned counsel for petitioners that on account of delaying tactics adopted by respondents-defendants the case could not be proceeded and it is fixed for hearing of the parties. Both the parties had already adduced their evidence. It is further submitted that in spite of order dated 6.10.2016 passed in Matter Under Article 227 No.8179 of 2016 (Merajul Haque Vs. Abdul Rauf and 5 others), by which the court below was directed to decide the original suit within a period of one year, the court below has not proceeded with the matter and the suit is still pending for disposal.
Considering the facts and circumstances of the case, learned Civil Judge (Junior Division), Court No.3, Gorakhpur is directed to decide Original Suit No.488 of 2007 (Gaisun Navi Vs. Abdul Rauf), preferably within a period of six months from the date of production of certified copy of this order, unless there is any legal impediment.
With the aforesaid directions, the petition is disposed of.
Order Date :- 21.12.2021 Kpy