Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 6070 of 2018 Petitioner :- Rajeshwari Devi Gangwar And Another Respondent :- Sooraj Pal And Another Counsel for Petitioner :- Surendra Pal
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners and learned Standing Counsel.
In view of the order proposed to be passed, notices need not go to private respondents.
The defendant-petitioners are before this Court assailing the judgment and decree dated 21.07.2018 passed by District Judge, Pilibhit in Civil Appeal No.54 of 2017 by which the appeal was allowed and the judgment and decree dated 17.10.2017 passed by the trial court in Original suit No.09 of 2015 (Sooraj Pal & Anr. v. Smt. Rajeshwari Devi Gangwar & Anr.) was set aside.
The record in question reflects that the plaintiff-respondents filed Original Suit No.09 of 2015 against the petitioners for cancellation of sale deed executed on 24.3.1988 in favour of defendant-petitioners. The defendant-petitioners filed written statement denying the plaint allegations. The Civil Judge (JD), Bisalpur, Pilibhit has decided issue nos.5 and 7 against the plaintiff-respondents and rejected the original suit vide judgment and order dated 17.10.2017. Aggrieved with the judgment and decree dated 17.10.2017 the plaintiff-respondents filed Civil Appeal No.54 of 2017, which was allowed vide judgment and decree dated 21.7.2018 relying on the judgment of Hon'ble Apex Court in Abdul Gaffar v. State of Uttarakhant, 2008 (10) SCC 97 and Mayar (HK) Ltd. v. Owners & Parties Vessel M.V. Furtune Express, (2003) 3 SCC 100 and the matter was remitted to the trial court. Hence this writ petition.
The Court has proceeded to examine the record in question and does not find any infirmity or illegality in the order impugned so as to make interference under Art.227 of the Constitution of India.
Once the Court has declined to interfere in the matter, learned counsel for the petitioner very fairly states that the trial court may be directed to decide the suit in question expeditiously.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the issue, the writ petition stands disposed of finally with a direction to the trial court to consider and decide the aforesaid suit in question in accordance with law expeditiously but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties, except upon payment of cost.
Order Date :- 24.8.2018 SP/