Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 1212 of 2019 Petitioner :- Santram Respondent :- Rajaram And 2 Others Counsel for Petitioner :- Kunwar Ajay Singh
Hon'ble Anil Kumar,J.
Heard learned counsel for the petitioners and perused the record.
As the controversy involved in the present case is trivial in nature, so the present writ petition is finally heard and decided at the admission stage.
Accordingly, notices to opposite parties are dispensed with.
Learned counsel for petitioners submits that the petitioners have filed a suit registered as Original Suit No. 154 of 2012 in which petitioner has moved an application registered as Application No. 6C, rejected by order dated 25.08.2018. Aggrieved by the same, petitioner filed a Misc. Appeal No. 40 of 2018 before District Judge, Bhadohi, Gyanpur but the same has not been decided till date on one or other pretext without any fault on the part of the petitioner.
Accordingly, he requests that appellate authority may be directed to decide the Misc. Appeal No. 40 of 2018 pending before him within a time frame as fixed by this Court and the trial court may also be directed not to decide the suit filed by the petitioner till the disposal of the appeal, if not able to to do so expeditiously, then in that circumstances he may be directed to consider the application for interim relief moved by the petitioner in the appeal and the same may be decided expeditiously.
After hearing learned counsel for the parties and going though the record, the writ petition is disposed of with a direction to the appellate authority to make all endevour to decide the Misc. Appeal No. 40 of 2018 at an early date after hearing learned counsel for parties on merit, if not able to to do so, then in that circumstances he shall consider and decide the application for interim relief moved by the petitioner in the appeal expeditiously, say, within a period of two months from the date of receiving certified copy of this order after hearing the parties concerned on merit.
It is clarified that this Court has not adjudicated the claim of the petitioner on merit.
Order Date :- 22.2.2019 Ravi/-