Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 3482 of 2021 Petitioner :- Krishnavtatr @ Baba Respondent :- Geeta Devi And 4 Others Counsel for Petitioner :- Devendra Mani Tiwari
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner.
By means of this petition under Article 227 of the Constitution, the petitioners have prayed for following relief:-
"I. Issue an order or direction to the learned Court of Civil Judge (J.D.), Jaunpur to decide the Original Suit No. 1165 of 2016 (Krishnavatar @ Baba versus Geeta Devi and others), pending before the learned Court of Civil Judge (J.D.), Jaunpur, within stipulated period as fixed by this Hob'ble Court.
II. Issue an order or direction to the learned Court of Civil Judge (J.D.), Jaunpur to decide 6C application filed along with the Original Suit No. 1165 of 2016 (Krishnavatar @ Baba versus Geeta Devi and others) and pending before the learned Court of Civil Judge (J.D.), Jaunpur, within stipulated period as fixed by this Hob'ble Court."
Considering the overall facts and circumstances of the case, this petition is disposed of with direction that the court concerned shall consider and decide the aforesaid 6C application filed under Order 39 Rule 1 & 2 of Code of Civil Procedure, 1908 read with Section 151 of Code of Civil Procedure, thereafter, it shall conclude the evidence of the plaintiff-petitioner within the next six months and that of the defendants within next six months and the proceedings of the suit shall be concluded thereafter within the next six months, from the date of production of copy of this order.
It is clarified that time frame provided for disposal of the case shall be deemed to be extended in the event concerned district is hit by another surge of pandemic (SARS COV-2/COVID 19) resulting in the suspension of public movement and/or judicial work in the district concerned.
It is also clarified that the procedure prescribed for deciding such suit, shall be religiously complied with and priority shall be fixed in the order in which other pending suits, if any, have been expedited by this Court in the past.
It is provided that a copy of the order available on the official website of the High Court will be taken to be authentic one.
Order Date :- 30.7.2021/Shahroz