Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 3404 of 2021 Petitioner :- Smt. Sarita Saxena Respondent :- Smt Neelam Jain And Another Counsel for Petitioner :- Saiful Islam Siddiqui,Tahira Kazmi
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner and perused the record.
By means of this writ petition under Article 227 of the Constitution, the petitioner has prayed for following relief:-
"(i). Issue appropriate order or direction directing and commanding the respondent no. 1 to expeditiously decide the suit no. 2158 of 2011 (Smt. Sarita Saxena v. Smt. Neelma Jain and another) within time frame which this Hon'ble Court may kindly fix."
Considering the facts and circumstances of the case and pleadings raised, this petition is disposed of with a direction to the court concerned to consider and decide the aforesaid suit no. 2158 of 2011 (Smt. Sarita Saxena v. Smt. Neelma Jain and another) strictly in accordance with law and after recording satisfaction regarding service of summons and after giving full opportunity of hearing to all the parties concerned, as expeditiously as possible preferably within a period of eighteen months from the date of production of copy of this order.
It is further is directed that the plaintiff would conclude their evidence within six months and thereafter defendants would also conclude their evidence in next six months and both the parties will cooperate with suit proceeding without seeking unnecessary adjournments.
It is clarified that the procedure prescribed for deciding such suit, shall be religiously complied with and priority shall be fixed in the order in which other pending suits, if any, have been expedited by this Court in the past.
It is further clarified that time frame provided for disposal of the case shall be deemed to be extended in the event concerned district is hit by another surge of pandemic (SARS COV-2/COVID 19) resulting in the suspension of public movement and/or judicial working in the district concerned.
It is provided that a copy of the order available on the official website of the High Court will be taken to be authentic one.
Order Date :- 28.7.2021 Sanjeev