Court No. - 26
Case :- MATTERS UNDER ARTICLE 227 No. - 3098 of 2019
Petitioner :- Raj Kumari Kadambari Singh @ Kadambari Singh
Respondent :- Civil Judge And 2 Others
Counsel for Petitioner :- Anup Kumar Srivastava
Hon'ble Saurabh Shyam Shamshery,J.
Heard Shri Anup Kumar Srivastava, learned counsel for the petitioner and learned Standing Counsel for the State.
Learned counsel for the petitioner submits that the petitioner is defendant in Suit No.1220 of 2015 (Pramod Kumar and others vs. Kadambari Singh and others), which is still pending before the Civil Judge (Junior Division), Court No.10, Deoria, who is aggrieved as the application No.6 C, filed by the plaintiff has not been decided since 21.7.2015. He further submits that on the very first date on 21.7.2015, the order of status quo has been granted in this Court.
Learned counsel for the petitioner has drawn the attention of the Court towards the order sheet, annexed as Annexure No.5 to the petition, to show that though the suit was listed on many occasions in the years 2015, 2016, 2017 & 2018, however, till date, the said application has not been decided. He further submits that the petitioner/defendant has already filed objection to this.
Considered the submissions made at Bar and perused the record.
In the light of the judgment passed by the Hon'ble Supreme Court in the matter of M/s Shiv Cotex vs. Tirgun Auto Plast P. Ltd and Others reported in (2011) 9 SCC 678, this writ petition is disposed of with the direction to learned court below to decide the application 6 C, expeditiously, preferably within a period of eight weeks from the date of production of a certified copy of this order, without granting any unnecessary adjournment to either of the parties.
Order Date :- 25.4.2019 Rishabh