Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 4642 of 2019 Petitioner :- Smt. Kiran Jaiswal Respondent :- Hari Lal Jaiswal And Another Counsel for Petitioner :- Shrawan Dwivedi
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner.
Present writ petition has been filed seeking a direction to the IInd Additional Judge, Small Cause Court, Kanpur Nagar to decide Original Suit No. 2446 of 2010, Smt. Kiran Jaiswal Vs. Hira Lal and another within a stipulated period.
Earlier the petitioner has approached this Court by filing Matters under Article 227 No. 377 of 2013, Smt. Kiran Jaiswal Vs. Sri Hira Lal Jaiswal and another, which was disposed of vide order dated 18.2.2013, which is quoted as under:
"Prayer made through this writ petition is that Civil Court, Kanpur Nagar may be directed to decide O.S. No.2446 of 2010, Smt. Kiran Jaiswal Vs. Hira Lal Jaiswal and another expeditiously. The suit is hardly two years old hence no such direction can be issued at this stage. If suit is not decided within five years from the date of its filing, then for the same relief, fresh petition may be filed.
With the above observations, writ petition is disposed of."
Thereafter, when his suit was not decided, the petitioner again filed Matters under Article 227 No. 2655 of 2016, which was disposed of vide order dated 21.4.2016, which is quoted as under:
"Heard counsel for the petitioner.
This petition has been filed under Article 227 of Constitution of India for issuing suitable order or direction to the IInd Additional Judge Small Causes Court, Kanpur Nagar to decide the Original Suit No. 2446 of 2010 (Smt. Kiran Jaiswal Vs. Hira Lal and another) expeditiously, within stipulated time.
Without entering into the controversy involved in the petition, this petition is disposed of with direction to IInd Additional Judge Small Causes Court, Kanpur Nagar to decide the Original Suit No. 2446 of 2010 (Smt. Kiran Jaiswal Vs. Hira Lal and another) , expeditiously, without granting any unnecessary adjournment to either of the parties."
This is the third petition for the same relief, which would not be maintainable. However, the abovenoted two orders indicate that the direction of this Court already granted is not being followed. The order- sheet further reflects that only general dates are being fixed.
In the facts and circumstances of the case, the present writ petition is finally disposed of with the direction to the court below to follow the directions already issued in its letter and spirit provided there is no legal impediment and no unnecessary adjournments shall be granted to the parties.
With the aforesaid observations/ directions, the present writ petition is finally disposed of.
Order Date :- 29.5.2019 p.s.