Court No. - 26
Case :- MATTERS UNDER ARTICLE 227 No. - 3100 of 2019
Petitioner :- Smt. Sadhna Pandey Respondent :- Beena Pandey And 6 Others Counsel for Petitioner :- Anand Pati Tiwari
Hon'ble Saurabh Shyam Shamshery,J.
Shri Anand Pati Tiwari, learned counsel for the petitioner submits that the petitioner is the defendant in the Original Suit No.185 of 2018 (Smt. Beena Pandey and others vs. Smt. Sadhna Pandey and others), which is pending before the Civil Judge (Senior Division), Kanpur Nagar, who is aggrieved as the application 6C has not been decided since 17.5.2018.
He further submits that petitioner has already filed the objections to the said application, however, till date, the same has not been decided. It is further submitted that on the very first date, interim relief was granted in favour of the plaintiff- respondents in the suit (respondents No.1 to 6 herein). He further submits that due to delay of disposal of the application, the same is causing prejudice to the petitioner. Petitioner has been deprived of the pensionary benefits.
Considered the submissions made at Bar and perused the record.
In the light of the judment passed by the Hon'ble Supreme Court in the matter of M/s Shiv Cotex vs. Tirgun Auto Plast P. Ltd and Others 2011 (89) ALR, 232, this writ petition is disposed of with the direction to learned court below to expedite hearing of the application 6C, expeditiously, preferably within a period of 8 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