Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5891 of 2018 Petitioner :- Krishna Kant Mishra And Another Respondent :- Sita Ram Counsel for Petitioner :- Tarun Agrawal
Hon'ble Mahesh Chandra Tripathi,J.
Heard Sri Raghav Dwivedi holding brief of Sri Tarun Agrawal, learned counsel for the petitioners.
Petitioners are before this Court with a request to direct the Additional District Judge (Special Judge, E.C.Act), Jaunpur to decide the Civil Appeal no. 48/2013 (Sita Ram and another Vs. Krishna Kant Mishra and another) expeditiously.
Learned counsel for the petitioners very fairly states that the petitioners have earlier approached this Court for the same relief as prayed herein above by preferring MATTERS UNDER ARTICLE 227 No. - 4373 of 2015 and the said petition was disposed of by this Court with the direction to the appellate court to make all endeavour to decide the appeal expeditiously vide order dated 19.8.2015.
Learned counsel for the petitioners states that since then the aforesaid order has been apprised to the appellate court, there is no material progress in the appeal in question. As such request has been made in the interest of justice that the direction may be issued to the appellate court to decide the appeal in question within a time span without according any unnecessary adjournment to the parties.
In the facts and circumstances, this Court is of the considered opinion that once the positive order has already been passed by this Court, the appellate court should make all endeavour to expedite the proceedings of the appeal in question and as such, the writ petition stands disposed of directing the Court concerned to decide the aforementioned Civil Appeal, in accordance with law, as expeditiously as possible without granting unnecessary adjournment to either of the parties except upon payment of cost of Rs. 250/-.
Order Date :- 20.8.2018 A.K.Srivastava