Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 3781 of 2021 Petitioner :- Mahatam Respondent :- Court Of Civil Judge (J.D) Court No. 16 And Another Counsel for Petitioner :- Raj Nath Bhakta,Ajay Kumar Pandey
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner and perused the record.
By means of this petition under Article 227 of the Constitution, the petitioner has prayed for following relief:-
"(i) Issue order or, direction to the respondent no. 1 court of Civil Judge (Junior Division), Court No. 16, Azamgarh to decide the Original Suit No.
81 of 2008 (Ramdhari Vs. Tribhuwan and others) within stipulated period."
It is contended on behalf of the petitioner that petitioner is defendant in the suit. He submits that suit is pending since 2008 and submits that no issue has been framed till date and plaintiff is not cooperating.
Considering the facts and circumstances of the case and the fact that the suit is of the year 2010 filed nearly a decade ago, the prayer of the petitioner for expeditious disposal of suit in a time bound period seem to be genuine.
In view of the above and considering the overall facts and circumstances of the case, the pleadings raised, this petition is disposed of with following directions:
(a) the trial court shall proceed to frame the issues after inviting the proposed issues from from respective parties within a period of three months.
(b) the plaintiff in the suit shall conclude his evidence within a period of six months.
(c) the petitioner who is defendant in the suit, as he undertakes, shall conclude his evidence within a maximum period of next six months provided of course the plaintiff's evidence has been closed.
(d) after the evidence of respective litigating parties is closed, the trial court shall proceed to decide the suit within a period of next six months. It is also provided that in the event any misc. application is pending.
(e) however, 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 deciding alongwith the suit.
(f) It is 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 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.
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 :- 13.8.2021 IrfanUddin