Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5200 of 2018 Petitioner :- Munni Devi @ Munni Tiwari Respondent :- Shree Krishna Pathak Counsel for Petitioner :- Manoj Kumar Keshari,Beerendra Singh Pal
Hon'ble Mahesh Chandra Tripathi,J.
Plaintiff-petitioner is before this Court with a request to expedite the proceedings of Civil Suit No. 33 of 1991 (Shiv Shakti Vs. Shree Krishna Patha) pending before Civil Judge (Junior Division), Ballia.
Learned counsel for the petitioner states that earlier the petitioner has preferred a writ petition being Writ Petition No. 63507 of 2007 for expediting the suit in question. The said writ petition was disposed of by Division Bench of this Court by an order dated 20.12.2007 with following effect.
"This writ petition has been filed stating that the petitioner has filed a suit in the year 1991 and in spite of the fact that 16 years have elapsed, the suit has not yet been disposed of.
In such a fact situation, we dispose of the present writ petition requesting the learned Civil Judge (J.D.) Ballia to conclude the trial of Civil Suit no. 33 of 1991, Shiv Sakhi Vs. Sri Krishna Pathak expeditiously preferably within one year unless there is some legal impediment."
Learned counsel for the petitioner further makes submission that in spite of the aforesaid order, the trial court has not finalised the proceedings of suit in question as per mandate issued by the Division Bench of this Court on 20.12.2007 and the matter is now at the stage of evidence.
In the facts and circumstances of the case, no useful purpose would be served to keep the writ pending and as such, the same stands disposed of asking the Court concerned to decide the aforesaid Suit as per mandate of Division Bench of this Court, as expeditiously as possible and preferably within six months from the date of production of certified copy of this order. In case, the suit in question is not decided within six months, the plaintiff-petitioner would be at liberty to file a contempt against the Presiding Officer who has not taken any note of the mandate of the Division Bench of this Court.
Order Date :- 31.7.2018 A.K.Srivastava