Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 4422 of 2019 Petitioner :- Saurabh Respondent :- Sukhlal And 9 Others Counsel for Petitioner :- Shiv Kumar Singh Rajawat
Hon'ble Manoj Kumar Gupta,J.
The sole relief claimed in the instant petition is for giving direction to the trial court to decide Misc. Case No.25 of 2017 arising out of Original Suit No.61 of 2017 within a stipulated period. Misc. Case No. 25 of 2017 was registered on basis of an application filed by the petitioner under Order 39 Rule 2-A CPC.
A perusal of order sheet reveals that the court is lying vacant. On the last date, counsel for the petitioner was granted time to file latest order sheet so as to ascertain whether any Presiding Officer has been posted or not.
The record of the case does not reveal that the latest order sheet has been filed so far.
In such view of the matter, this Court is not inclined to issue any direction at this stage, but leaves it open to the petitioner, if so advised, to seek transfer of the case to some other court or wait for posting of a Presiding Officer in the court and thereafter, make prayer to the same court for expeditious disposal of the proceedings. In that event, the new incumbent shall endeavour to decide the case expeditiously.
The petition stands disposed of accordingly.
(Manoj Kumar Gupta, J.) Order Date :- 29.7.2019 skv