Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 6828 of 2019 Petitioner :- Mohd. Yusuf Respondent :- Smt. Munir Jahan Begum And 23 Others Counsel for Petitioner :- Munne Lal
Hon'ble Manoj Kumar Gupta,J.
The prayer made in the instant petition is for issuing direction to the court below to decide Misc. Case No.110/74 of 1989 for restoration of Original Suit No.101 of 1984 as well as substitution applications pending in the said case within a shortest possible time.
It is noteworthy that this Court in Matter under Article 227 No. 504 of 2013 filed by the petitioner, issued direction to the court below to decide the case within six months without granting any unnecessary adjournment to the parties.
It seems that the matter had remained pending on account of death of various defendants and substitution proceedings being undertaken for bringing on record their heirs and legal representatives. Counsel for the petitioner admits that even at the present moment, applications 64A, 104, 142 Ga, 22C are pending for bringing on record the heirs and legal representatives of the defendants 1, 2, 3/1, 3/6 and 4 respectively.
Having regard to the entire facts, the instant petition is disposed of with direction to the court below to make serious endeavour to decide the substitution applications expeditiously and soon thereafter proceed to decide Misc. Case No. 110/74 of 1989 without any further delay.
(Manoj Kumar Gupta, J.) Order Date :- 27.9.2019 skv