Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 4590 of 2021 Petitioner :- Shiv Kumar Pathak And Another Respondent :- Ganesh Prasad Tiwari And 6 Others Counsel for Petitioner :- Ashok Kumar Pandey,Yashwant Singh
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioners and perused the record.
By means of this petition under Article 227 of the Constitution, the petitioners have prayed for following relief:-
"(a). Issue a writ order or direction in the nature of mandamus commanding the learned Civil Judge (Senior Division), Allahabad to decide Original Suit No.- 219 of 2017 (Ganesh Prasad Tiwari v. Kusum Seth & others) as expeditiously as possible preferably within some stipulated period."
Learned counsel for the petitioner submits that plaintiffs are not cooperating with the proceedings of suit. Since the suit is of the year 2017, the prayer for its expeditious disposal in a time bound period appears to be genuine. It is further submitted that till date even the issues have not been framed.
In such above view of the matter, this petition is disposed of with following directions:
(a). Within period of three months from the date of filing of copy of this order alongwith application before the trial court, the trial court shall frame issues considering the issues proposed by the rival parties, if any;
(b). The plaintiffs shall conclude their evidence within period of six months and defendants thereafter shall also conclude their evidence, as is undertaken before the Court by the defendants petitioner's counsel within next six months; and
(c). After the evidence is concluded by both the plaintiffs and defendants, the trial court shall proceed to do final hearing and decide the aforesaid suit within a further period of six months.
It is further provided that the trial court shall abide by the procedure prescribed for hearing and disposal of the suit quite religiously. However, it is provided that the trial court shall fix priority in the hearing of suit in question in the order of preference in which other suits might have been expedited by this court in the past and to that extent time frame provided by this Court hereinabove, will only be directory.
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 order available on the official website of the High Court will be taken to be authentic one.
Order Date :- 27.9.2021 Kuldeep