Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 4652 of 2021 Petitioner :- Nooruddin Respondent :- Smt.Chotki And 2 Others Counsel for Petitioner :- Suresh Singh
Hon'ble Ajit Kumar,J.
Heard learned counsel for the defendant-petitioner and perused the record.
By means of this writ petition under Article 227 of the Constitution, the petitioner has prayed for following relief:-
"(1) direct the Civil Judge (Senior Division) Gorakhpur to decide the original suit no. 27 of 2013 (Smt. Chotaki v. Nurudin and others) pending the court of Civil Judge (Senior Division) Gorakhpur."
Since the suit is of the year 2013, the prayer for its expeditious disposal in a time bound period appears to be genuine. It is submitted by learned counsel for the petitioner that till date even the issues have not been framed.
In such above view of the matter, this petition is disposed of with following directions:
(a). Within period of three months from the date of filing of copy of this order alongwith application before the trial court, the trial court shall frame issues considering the issues proposed by the rival parties, if any;
(b). The plaintiff shall concluded his evidence within period of six months and defendant thereafter shall also conclude his evidence within, as is undertaken before the Court by the defendant petitioner's counsel, within next six months; and
(c). After the evidence is concluded by both the plaintiff and defendants, the trial court shall proceed to do final hearing and decide the aforesaid suit within a further period of six months.
It is further provided that the trial court shall abide by the procedure prescribed for hearing and disposal of the suit quite religiously. However, it is provided that the trial court shall fix priority in the hearing of suit in question in the order of preference in which other suits might have been expedited by this court in the past and to that extent time frame provided by this Court hereinabove, will only be directory.
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 order available on the official website of the High Court will be taken to be authentic one.
Order Date :- 27.9.2021 Kuldeep