Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 5652 of 2019 Petitioner :- Mithlesh Respondent :- Civil Judge And 2 Others Counsel for Petitioner :- Ashwani Kumar Pathak,Arun Kumar Pathak
Hon'ble Manoj Kumar Gupta,J.
The sole prayer made in the instant petition is for issuing direction to the trial court to decide Original Suit No.31 of 2008 filed by the petitioner against the defendant-respondents within a specified time frame.
Counsel for the petitioner points out that the case was being posted for exparte hearing but the same is not taking place as court is lying vacant.
In such view of the matter, this Court is not inclined to issue any direction at this stage, but leaves it open to the petitioner, if so advised, to seek transfer of the suit to some other court or wait for posting of a Presiding Officer in the court and thereafter, make prayer to the same court for expeditious disposal of the proceedings. In that event, the new incumbent shall endeavour to decide the suit expeditiously.
(Manoj Kumar Gupta, J.) Order Date :- 26.7.2019 skv