Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5192 of 2018
Petitioner :- Rais Khan
Respondent :- Hasin Khan And Another
Counsel for Petitioner :- Ahmad Saeed
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner.
The petitioner has approached this Court to expedite and decide the Execution Case No. 18 of 2017 (Rais Khan Vs. Haseen Khan) pending before Civil Judge (Senior Division), Allahabad.
In view of the order proposed to be passed, notices need not to be issued to the private respondent.
In view of the decision in the case of Km. Shobha Bose Vs. Judge Small Causes Court 2010 (1) ADJ 531 (DB), it is not proper to issue any positive direction for time bound disposal of any proceedings without ascertaining the position of the workload in the court concern and in the absence of any allegation that the court below is responsible for the delay.
Considering the above, this petition stands disposed of with the direction upon the Court concerned to expedite the hearing of the aforesaid Case and conclude the same, in case, there is no impediment, as expeditiously as possible without granting unnecessary adjournment to either of the parties, except upon payment of cost.
Order Date :- 31.7.2018 A.K.Srivastava