Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 5384 of 2019 Petitioner :- Saleem Respondent :- Sharda And 2 Others Counsel for Petitioner :- Savita Dubey, R S Dubey
Hon'ble Manoj Kumar Gupta,J.
On 18.07.2019, the following order was passed:-
"The prayer made in the instant petition is for issuing direction to the trial court to decide Original Suit No. 1200 of 2004 (Saleem vs. Sharda & Another) expeditiously.
The suit in question has been filed by the petitioner.
A perusal of the order-sheet reveals that on every date the order which is passed by the trial court is to await the report of Amin. It is also extending the order of temporary injunction totally oblivious of its duty to commence the trial without delay.
Registrar General is directed to obtain comments from the Presiding Officer as to why he is mechanically fixing dates in the case and is not proceeding with the trial of the suit.
Put up as fresh on 08.08.2019 along with the comments of the Presiding Officer."
In compliance of order dated 18.07.2019, the Presiding Officer has submitted his comments. It seems from his comments that he is a newly recruited officer and had remained on training for a considerable period since the date he assumed the charge as Civil Judge (Junior Division) Court No.22, Deoria. He has also stated in his comments that he will make endeavour to decide the suit expeditiously.
Having regard to the above facts and taking a lenient view, as the Presiding Officer is a newly recruited officer, no further action is proposed in the matter except for providing that all endeavour should be made to commence the trial forthwith and conclude the same without unnecessary delay.
The petition stands disposed of accordingly.
(Manoj Kumar Gupta,J) Order Date :- 22.8.2019 Zafar