Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5215 of 2018 Petitioner :- Shree Shanker Ji Maharaj Virajman Rameshwar Temple, Kanpur Nagar And Another Respondent :- Kishor Alias Keshav Giri And 10 Others Counsel for Petitioner :- Vashistha Dubey,Alok Kumar Yadav
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners.
In view of the order, which is proposed to be passed today, notices need not go to the defendants-respondents.
Plaintiffs-petitioners are before this Court with a request to direct the Additional Civil Judge (Senior Division)-3, Kanpur Nagar to decide the Original Suit No. 1076 of 2004 (Shree Shanker Ji Maharaj Virajman Mandir and Another Vs. Kishor alias Keshav Giri alias Ram Das alias Binnu and others) as expeditiously as possible.
Record in question reflects that initially in aforementioned suit which has been instituted with the relief of permanent injunction in which temporary injunction has been granted by the trial court in favour of the plaintiff-petitioner which has been assailed by the defendant-respondent by filing misc. appeal but the same has also been dismissed by the appellate court. The said order has been assailed by the defendant-respondent before this Court in Writ-C No. 59539 of 2005 (Kishore @ Keshav Giri Vs. Sri Shanker Ji Virajman & Another) which was disposed of by this Court by an order dated 8.11.2012 asking the trial court to decide the aforesaid suit expeditiously in accordance with law preferably within six months.
Learned counsel for the petitioner states that in the suit proceeding the defence evidence has already been closed on 8.5.2018 and the case is already going on at the final argument stage and as such the request has been made that the direction may be issued to the trial court to decide the suit expeditiously.
In this backdrop, this Court is of the considered opinion that once the aforesaid writ petition has already been disposed of with the direction to the trial court to decide the suit, then in such a situation, it is paramount responsibility of the trial court to decide the suit expeditiously. No doubt, at no point of time, the plaintiff- petitioner had filed any contempt application regarding flouting of the interim injunction and as such, the writ petition stands disposed of directing the Court concerned to decide the aforementioned Suit, in accordance with law, as expeditiously as possible and preferably within four months from the date of production of certified copy of this order, without granting unnecessary adjournment to either of the parties, except upon payment of cost.
Order Date :- 31.7.2018 A.K.Srivastava