Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 4134 of 2021 Petitioner :- Smt.Kusum Singh Respondent :- Mukesh Jaiswal And 2 Others Counsel for Petitioner :- Shravan Kumar Singh
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner and perused the record.
By means of this writ petition under Article 227 of the Constitution, the petitioner has prayed for following relief:-
"(I) Issue a writ order or direction in the nature of Mandamus commanding /directing the Civil Judge (S.D.) F.T.C. Allahabad to decide the pending Original Suit No. 964 of 2011 (Smt. Kusum Singh Versus Mukesh Jaiswal and others) expedient to final hearing/disposal within stipulated period by this Hon'ble Court, within stipulated period."
Since the suit is of the year 2011, the prayer for its expeditious disposal in a time bound period appears to be genuine. It is submitted by learned counsel for the petitioner that issues have been framed.
In such above view of the matter, this petition is disposed of with following directions:
(a) The plaintiff shall concluded his evidence within period of three months and defendant thereafter shall also conclude their evidence within next three months;
(b) After the evidence is concluded by both the plaintiff and defendants, the trial court shall proceed to do final hearing and decide the suit within a further period of six months.
(c). In case if any miscellaneous application is pending under Order 7 Rule 11 of Code of Civil Procedure, 1908, the same should be considered and disposed of first. Likewise in case if counter claim is filed and any injunction application therein filed by the defendant and is pending then in such event the injunction application filed by the defendants if pressed, should be considered first and so far as the counter claim is concerned that should be heard and decided alongwith the suit.
It is further provided that the trial court shall abide by the procedure prescribed for hearing and disposal of the suit quite religiously. However, it is provided that the trial court shall fix priority in the hearing of suit in question in the order of preference in which other suits might have been expedited by this court in the past and to that extent time frame provided by this Court hereinabove, will only be directory.
It is further 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 working in the district concerned. Order available on the official website of the High Court will be taken to be authentic one.
Order Date :- 21.9.2021 Kuldeep