Court No. - 58
Case :- MATTERS UNDER ARTICLE 227 No. - 9905 of 2019 Petitioner :- Razi Haidar @ Sayyed Razi Haidar Respondent :- Civil Judge (Senior Division) Kaushambi And 2 Others Counsel for Petitioner :- Akhilesh Kumar Counsel for Respondent :- Ashish Mishra
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Learned counsel for the petitioner is permitted to amend the prayer clause of the petition.
Heard Sri Akhilesh Kumar, learned counsel for the petitioner and Sri Sudhir Mehrotra, learned counsel appearing for the respondent no.1.
The present petition has been filed seeking a direction to the Civil Judge (Senior Division), Kaushambi to decide the objection of the petitioner/defendant dated 30.11.2017 filed against the order dated 07.09.2017 passed in Original Suit No. 161 of 2017 (Firoz Haidar and another Vs. Razi Haidar), which is said to be pending.
Counsel for the petitioner has placed reliance upon the order sheet of the case a copy whereof has been annexed as Annexure-3 to the petition to submit that although various dates are being fixed but for some reason or the other the matter is being adjourned. It is further submitted that the delay in disposal of the objection filed by the petitioner bearing paper no.15C/1 is causing undue hardship to the petitioner.
In view of the aforementioned facts and circumstances, the present petition is disposed of with an observation that in case the petitioner appears before the court below and does not seek any unnecessary adjournment it is expected that the court below would make an endeavour to decide the objection filed by the petitioner expeditiously in accordance with law provided there is no other legal impediment.
Order Date :- 18.12.2019 Ashok Gupta (Dr. Y.K. Srivastava,J.)