Court No. - 42
Case :- MATTERS UNDER ARTICLE 227 No. - 9808 of 2019 Petitioner :- Sankar Ji Bhagwan Respondent :- Rajendra Sharma And 10 Others Counsel for Petitioner :- Vijay Kumar Mishra,Badreesh Mani Tripathi Counsel for Respondent :- Ashish Mishra
Hon'ble Mrs. Sangeeta Chandra,J.
1. Heard learned counsel for the petitioner and Mr. Sudhir Mehrotra, Special Counsel for the respondent no.5.
2. This petitioner has been filed praying for a direction to the learned trial court to decide regular Suit No.736 of 2012 (Shankar Ji Bhagwan Dwara (Sarvarakar), Sachchidananad Das vs. Rajendra Sharma and others) at the earliest. It has been submitted that the aforesaid Suit has been filed for permanent prohibitory injunction with regard to land of Arazi No.1319 ad- measuring 0.4700 hectare. The Suit has been filed for the benefit of the Deity through the Sarvarakar. After summons were issued, the defendants have appeared and filed their written statement on 29.05.2013, issues have been framed on 24.01.2017 but therefater, no effective hearing has taken place. A copy of the order sheet since 26.11.2012 to 16.03.2019 has been filed as annexure-2 to the writ petition.
3. From a perusal of the order sheet, it appears that certain new developments have taken place and the petitioner filed an application registered as paper no.77 Ga for issuance of a commission for survey of the property which has been rejected by the learned trial court by its order dated 19.01.2019. Thereafter, the matter has been listed for evidence of the plaintiffs on two dates but it has been adjourned on the request of the plaintiff itself on the condition of cost being paid to the defendant.
4. This Court therefore, cannot pass any order directing the civil judge, Junior Division Padrauna, Kushinagar to expeditiously decide the said Suit. The plaintiff's evidence is yet to be computed. Since the order sheet is only till 16.03.2019, this Court cannot properly apply its mind to the current stage of the Suit.
5. The petition is disposed of with a direction to the opposite party no. 5 to keep in mind the instructions issued on the administrative side by the High Court for the sub-ordinate judiciary to hear and decide all cases which are pending for 5 years or more on a priority basis.
Order Date :- 17.12.2019 C. MANI