Court No. - 13
Case :- MATTERS UNDER ARTICLE 227 No. - 3142 of 2019
Petitioner :- Santosh Kumar Mehrotra
Respondent :- Roop Rani Sukhnandan Singh Mahavidyalaya And 4 Others
Counsel for Petitioner :- Kunwar Ajay Singh
Hon'ble Saurabh Shyam Shamshery,J.
Shri Kunwar Ajay Singh, learned counsel for the petitioner submits that the petitioner is defendant in Original Suit No.269 of 2006 (Roop Rani Sukhnandan Mahavidyalaya vs. Rajan Batra and others), which is pending before the court of Civil Judge (S.D.) IIIrd, Kanpur Nagar.
Learned counsel for the petitioner submits that the suit is pending since 2006 and the defendants/respondents are enjoining injunctions in their favours since 27.2.2006. He further submits that the pleadings are complete in the January, 2015, however, till date, issues are not framed. He fairly submits that due to change of Advocate, there was no representation on behalf of the defendants for some time. However, on instructions, he undertakes that the petitioner will full corporate for the early disposal of the suit.
Right of Speedy trial is one of the basis of legal juris-prudence and after perusing the record, this petition is disposed of 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 with the direction to learned trial court to take all possible endeavour to decide the suit, expeditiously preferably within a period of one and half year from the date of production of a certified copy of this order, without granting any unnecessary adjournment to either of the parties.
Order Date :- 26.4.2019 Rishabh