Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 579 of 2019 Petitioner :- Kumari Mona Shukla Respondent :- Gyanendra Katiyar Counsel for Petitioner :- Nishant Mehrotra
Hon'ble Mrs. Sunita Agarwal,J.
This is plaintiff's petition seeking expeditious disposal of the application filed under Order 7 Rule 10-A of the Code of Civil Procedure, by her for return of plaint to be presented before the appropriate court. It has been mentioned by the plaintiff-applicant therein that the civil court had no jurisdiction to adjudicate the suit and the jurisdiction lies with the Small Causes Court for the nature of the suit in question and the reliefs sought therein.
Only submission made in the present petition is to issue a direction to the trial court to decide the pending application dated 16.05.2018. It is demonstrated by learned counsel for the petitioner that for more than a period of six months, nothing has proceeded in the matter.
In view thereof, without expressing any opinion as to the merits of the claim of the petitioner, the present petition is being disposed of with the direction to the trial court namely Additional Civil Judge (S.D) Court No.2 Kanpur Nagar to consider and decide the application filed under Order 7 Rule 10-A CPC filed by the plaintiff in Original Suit No.158 of 2014 (Kumari Mona Shukla & others Vs. Gyanendra Katiyar), in accordance with law, as expeditiously as possible, preferably on the next date fixed or on a short date to be fixed within a further period of three weeks thereafter, considering the objections of the defendant/opposite party in accordance with law.
Order Date :- 21.2.2019 Himanshu