Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 2789 of 2018 Petitioner :- Smt. Sita Pandey Respondent :- Prashant Pandey Counsel for Petitioner :- Sanjay Srivastava Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner. Supplementary affidavit filed today is taken on record.
Present petition has been filed challenging the order dated 7.11.2017, whereby the application paper no. 73-Ga (2) has been allowed.
Submission is that once the evidence was closed, the same would not have been permitted by the court below. It is further submitted that the sole object is to harass the petitioner and linger on the proceedings.
I have considered the submissions and have perused the record.
Alongwith the supplementary affidavit copy of the application that has been allowed by the court below has been annexed. Perusal of order-sheet reflects that pursuant to the aforesaid order PW-2 has been examined and date is being fixed for cross examination of PW-2 but the petitioner herein is not appearing and is seeking adjournment.
Earlier, Matters Under Article 227 No. 1958 of 2016 (Prashant Pandey vs. The Principal Judge Family Court and another) was filed by the plaintiff-respondent herein for expeditious disposal of the suit pending since 2002, which was disposed of vide order dated 31.3.2016 with a direction to the court below to decide the same expeditiously without granting any unnecessary adjournment. Therefore, it is very much clear that infact, the respondent herein is interested for early disposal of the suit but the same is lingering on because of the petitioner herein.
The impugned order was passed almost 6 months back.
Under such circumstances, I do not find any good ground to exercise my powers under Article 227 of the Constitution of India. Present petition is accordingly dismissed.
However, the court below is directed to comply with the order for expeditious disposal as already passed by this Court keeping in mind the provisions of Section 21-B of the Hindu Marriage Act, 1955.
With the aforesaid observations, present petition stands dismissed.
Order Date :- 30.4.2018 Lalit Shukla