Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 4502 of 2021 Petitioner :- Prabodh Kumar Srivastava Respondent :- Gorakh Nath Yadav And 3 Others Counsel for Petitioner :- Suresh Singh
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner.
The petitioner is the plaintiff in the suit and have come up before this Court claiming following relief as substantial relief:
"direct the Civil Judge (Junior Division) Court No.4 Gorakhpur to decide the suit No.2302 of 2017 (Vindhyavasini vs. Gorakh) pending in the court of Civil Judge (J.D.) Court No.4 Gorakhpur, within stipulated time bound period."
It is contended by learned counsel for the petitioner that the issues have been framed and the suit is at this stage plaintiff evidence.
In the facts and circumstances of the court, the prayer of the petitioner for expeditious disposal of the suit appear to be genuine one and deserves to be considered.
In such above view of the matter, this petition is disposed of with following directions:
(a). The plaintiff shall concluded his evidence within period of three months and defendant thereafter shall also conclude their evidence, within next three months;
(b). After the evidence is concluded by both the plaintiff and defendants, the trial court shall proceed to do final hearing and decide the suit within a further period of six months;
(c). In case if any miscellaneous application is pending under Order 7 Rule 11 of Code of Civil Procedure, 1908, the same should be considered and disposed of first. Likewise in case if counter claim is filed and any injunction application therein filed by the defendant and is pending then in such event the injunction application filed by the defendants if pressed, should be considered first and so far as the counter claim is concerned that should be heard and decided alongwith the suit.
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. Order available on the official website of the High Court will be taken to be authentic one.
Order Date :- 20.9.2021 piyush