Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 4658 of 2019 Petitioner :- Ram Kaladhar Shukla (Deceased) And 7 Others Respondent :- The Uppar District Judge Court No. 5 District Basti And 2 Others Counsel for Petitioner :- Sanjay Kumar Srivastava Counsel for Respondent :- Sachchidanand Srivastava
Hon'ble Vivek Kumar Birla,J.
Hear learned counsel for the petitioners and Sri Sachchidanand Srivastava, learned counsel for the caveator-respondent no. 3 and perused the record.
Present petition has been filed challenging the impugned order dated 7.2019 and the orders dated 14.2.2019, 19.4.2019 and 1.5.2019 passed by the respondents no. 1 and 2 respectively.
Brief facts, shorn of details, are that a case was dismissed for want of prosecution and the same was recalled on payment of cost of Rs. 5,000/-. Subsequently, the petitioner moved an application for reducing the cost that application was rejected. He again moved an application for extension of time for depositing the amount. The same was also rejected. Thereafter he moved another application for grant of further time to deposit the cost. The same was also rejected.
Submission of learned counsel for the petitioner is that some more time may be granted to deposit the cost.
I have considered the rival submissions and perused the record.
A perusal of the impugned orders indicates that initial order was passed in January, 2019 and the petitioner has constantly filed application before the Court below and has approached this Court also. The suit is of the year 1987, which was decided in the year 2015. The appeal is pending since 2015.
Taking a lenient view of the matter, present petition stands allowed. The impugned order dated 7.2019 and the orders dated 14.2.2019, 19.4.2019 and 1.5.2019 passed by the respondents no. 1 and 2 respectively are set aside, however, on payment of cost of Rs. 2,000/-.
The cost of Rs. 7,000/- (Rs. 5000 awarded by the Court below & Rs. 2000 awarded by this Court by this order) is directed to be paid to the contesting respondent no. 3-Smt. Gyanmati within ten days from today in the Court below.
In case she refuses to accept the amount, the same shall be paid deposited before the Court below within 15 days from today.
In case the amount of Rs. 7,000/- is not paid or deposited before the Court below, the protection granted to the petitioner shall stand automatically vacated and the the impugned orders shall stand revived.
The respondent no. 3-Smt. Gyanmati shall be at liberty to withdraw the amount.
No order as to costs.
Order Date :- 29.5.2019 Abhishek