Heard learned counsel for the petitioner.
No notice be issued to private respondents taking into consideration the nature of order proposed to be passed.
Learned counsel for the petitioner after arguing at some length submits that though he has prayed for quashing of the order dated 10.11.2020 which has been passed on the appeal filed by the petitioner which had been filed aggrieved against the order by which his application filed under Order 39 Rule 1 and 2 C.P.C has been rejected yet he confines his prayer to the pending suit no. 629 of 2017 Inre; Kalika Prasad Shukla Vs. Jamuna Prasad Shukla and ors being decided which is pending before the respondent no. 2 i.e Civil Judge (Junior Division), Ambedkar Nagar within a specified time.
Considering that the learned counsel for the petitioner confines his prayer to the extent that the Suit No. 629 of 2017 Inre; Kalika Prasad Shukla Vs. Jamuna Prasad Shukla and ors be decided within a specified time, the Court is not inclined to issue directions in a matter such as the present merely because a party has moved this Court under Article 227 of the Constitution to direct the concerned Court to decide the pending suit overriding several cases which are equally pressing and are pending, by granting priority to a particular case. The fact that a particular case requires urgent disposal is to be considered by the concerned Court itself.
Accordingly, the writ petition is disposed of permitting the petitioner to move an application before the concerned Court pointing out the grounds of urgency. In the event, the petitioner does so, the concerned Court may consider whether the case should be expedited having regard to the urgency of the case.
There shall be no order as to costs.
Order Date :- 11.2.2021 Pachhere/-