Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 6825 of 2018
Petitioner :- Smt. Maya Singh
Respondent :- Court Of Civil Judge ( Senior Division ) And 17 Others
Counsel for Petitioner :- Markanday Rai
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner.
The petitioner has approached this Court to expedite and decide the Original Suit No. 348 of 2012 (Kashi Nath Vs. Smt. Maya Singh and others) pending before Civil Judge (Senior Division), Court No. 18, Deoria.
Learned counsel for the petitioner states that the aforementioned suit is pending since 2012 and in spite of sufficient time, even the issues have not been framed till date, which compelled the petitioner to approach this Court.
In view of the order proposed to be passed, notices need not to be issued to the private respondent.
In view of the decision in the case of Km. Shobha Bose Vs. Judge Small Causes Court 2010 (1) ADJ 531 (DB), it is not proper to issue any positive direction for time bound disposal of any proceedings without ascertaining the position of the workload in the court concern and in the absence of any allegation that the court below is responsible for the delay.
Considering the above, this petition stands disposed of with the direction upon the Court concerned to frame the issues in the Suit in question within four months from the date of production of certified copy of this order before him and thereafter, the Court concerned will also proceed to adjudicate the aforesaid Suit, in accordance with law, as expeditiously as possible without granting unnecessary adjournment to either of the parties, except upon payment of cost.
Order Date :- 14.9.2018 A.K.Srivastava